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Don Bruce Bogue Real Estate Limited v Wavenz Ltd [2016] NZDC 15015

Published 10 November 2016

Third party claim process — seizure of property — who has burden of proof of ownership of goods seized — District Courts Act 1947, s 94. This was an application for third party claims that property seized by the agent of the judgment creditor was its property, and not that of the debtor. In execution of a warrant to seize property in relation to a debt by the Director of Wavenz in his personal capacity, three industrial sewing machines and a drill press had been seized from an address where the debtor had stored a large number of items. The Judge determined on the facts that the three sewing machines were the property of the company Wavenz Limited, but the drill was the personal property of the debtor.

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