Auckland High Court. Photo: RNZ / Simon Rogers
A moving company is allegedly refusing to return nearly $50,000 that was accidentally paid into its bank account - and it will not disclose where it is keeping the money either.
Court documents reveal how Hamilton Movers was accidentally given nearly $70,000 by luxury hotel brand Habitat Hotels - a bank transfer that was actually meant for a third party.
While the moving company has paid back nearly $20,000, it said it would only repay the remaining $50,000 through official channels.
However, court documents say that when the Bank of New Zealand formally requested those funds, Hamilton Movers refused to refund the money and would not say where the money was.
Habitat Hotels, which owns luxury and boutique style accommodations such as Hotel DeBrett and Ohtel boutique hotels, told the High Court at Auckland that it was concerned the company had simply dissipated the remaining funds.
The company said in a submission that the money had been mistakenly paid to Hamilton Movers and sought an ancillary order from the court to find out where the funds were being held.
From there the company may lodge a freezing order on those funds so they cannot be dispersed or spent.
"While this is not a case in which dishonesty can be alleged against the second respondent [Hamilton Movers] for receiving the funds, it is plainly dishonest to now refuse to repay them," the submission reads.
"The applicant's particular concern is that, in the period in which the second respondent has prevaricated (and used an excuse about needing to go through official channels), it may well have dissipated the remainder of the funds."
Justice Mark Woolford granted Habitat Hotel's request for an ancillary order and noted that Hamilton Movers could make further court action redundant if it simply paid $50,000 to the court as security or made arrangements with the hotel's lawyers.
Habitat Hotels declined to make any comment to NZME.
Gourav Sharma is the listed director of Hamilton Movers according to the Companies Office.
He did not respond to requests for comment from NZME.
- This story was originally published by the New Zealand Herald.