New Zealand Case Law: Decisions & Judgments

Topic

Passport surrender

Legal area

Court

24 Feb 2021

HUANG & LU v MATAKANA WINES LTD & WAIHOPAI VALLEY VINEYARD LIMITED [2021] NZHC 348

Citation

[2021] NZHC 348
Court

High Court

On the material and circumstantial evidence the plaintiffs established a good arguable case that Waihopai (and related persons) received and dealt with the plaintiffs' funds, there were identifiable assets or proceeds to which orders could attach, and there was a real risk of dissipation given rapid transfers to directors/related parties and lack of satisfactory explanation; accordingly interim freezing and ancillary orders (including against third parties and a limited passport surrender and disclosure) were appropriate and justified pending trial.
20 Apr 2017

WORLDWIDE HOLIDAYS LTD v WANG [2017] NZHC 756

Citation

[2017] NZHC 756
Court

High Court

Given the materials and oral assertions, there was an arguable case that the second defendant had received monies transferred from the first defendant without adequate consideration and there was a real risk of dissipation (withdrawal of bank funds and property for sale). Assets identified are within the jurisdiction. Accordingly an interim freezing order attaching specific titles up to the plaintiff's known claim was justified pending full hearing; the existing freezing order against the first defendant was properly extended to allow disclosure and analysis.
22 Aug 2014

WATCHORN v R CA385/2014 [2014] NZCA 416

Citation

[2014] NZCA 416
Court

Court of Appeal

Bail was granted because the matters on appeal were complex, the Court was not satisfied that imprisonment was appropriate in the interim, and it was in the interests of justice to release the appellant subject to conditions (residence and surrender of passports).
3 Feb 2011

CHEN V JACK'S VENTURES LIMITED HC AK CIV-2011-404-000456

Citation

openlaw-296b4ff8_3eb7_49c1_a1f7_0e3676950ef4.pdf
Court

High Court

The freezing order was granted because the applicants established a good arguable case, demonstrated that respondents had assets within New Zealand, showed a real risk of dissipation, and made full and frank disclosure and an undertaking as to damages; on that basis the court imposed a freezing order with ancillary discovery and a short temporary restraint on leaving New Zealand including surrender of passports, to expire or be continued on 3 March 2011.
17 Mar 2009

VINCENT ROSS SIEMER V SOLICITOR-GENERAL CA CA447/2008

Citation

openlaw-7950a07c_9400_41ae_8003_0287e2c4e17b.pdf
Court

Court of Appeal

The Court exercised its discretion to vary bail by authorising temporary release of the applicant's passport on specified dates to permit travel to the United States while confirming that bail otherwise continues pending any application for leave to the Supreme Court; the transcript application was deferred as unnecessary on the material before the Court but further submissions were permitted.
19 Jul 2007

FRESHA VALLEY V HARJIT GILL ENTERPRISES LIMITED HC AK CIV.2007-404-2852

Citation

openlaw-5bf32114_643b_4240_8ee4_b64f5452ff68.pdf
Court

High Court

Given the unmet statutory demand, the appointment of interim liquidators and credible evidence that sale proceeds existed and had been transferred to a third party, the Court required urgent preservation measures. The Court ordered Singh to surrender his passport(s) to prevent departure, required full compliance with prior disclosure orders, warned that failure to comply could lead to arrest and contempt proceedings, and maintained restraints on the sale proceeds to preserve creditors' interests pending the adjourned hearing.

New Zealand Case Law

HUANG & LU v MATAKANA WINES LTD & WAIHOPAI VALLEY VINEYARD LIMITED [2021] NZHC 348

WORLDWIDE HOLIDAYS LTD v WANG [2017] NZHC 756

WATCHORN v R CA385/2014 [2014] NZCA 416

CHEN V JACK'S VENTURES LIMITED HC AK CIV-2011-404-000456

VINCENT ROSS SIEMER V SOLICITOR-GENERAL CA CA447/2008

FRESHA VALLEY V HARJIT GILL ENTERPRISES LIMITED HC AK CIV.2007-404-2852