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Wellington, May 15 NZPA - A Polish immigrant accused of fraud in his homeland has been restrained from dealing with his New Zealand assets after the Supreme Court upheld a Polish court order.
Slawomir Bujak, who lives in Christchurch, is accused of offences in Poland from 1998-1999 totalling more than $US1 million ($NZ1.7 million).
The Supreme Court dismissed Mr Bujak's appeal against a Court of Appeal decision, and ordered him to pay costs of $15,000.
The Court of Appeal had overturned an earlier High Court decision discharging the Polish court order. The order was pending determination of proceedings against him in Poland.
Polish authorities allege that when a European transport business run by Mr Bujak failed, he misappropriated leased trucks, sold stock in shops where goods were secured by liens to the bank and failed to disclose his true financial position when applying for credit.
He was also accused of selling off his goods while facing bankruptcy.
The Supreme Court accepted the unchallenged evidence of a Polish prosecutor, who said Mr Bujak's New Zealand property may be tainted by the alleged offending, and may represent a benefit from the offending.
The Polish prosecutor gave evidence that Mr Bujak came to New Zealand in June 1999 without declaring $US150,084.59 ($NZ255,115) and $NZ8690 that he brought into the country.
He bought a house worth over $400,000 and shares in four companies, and opened private accounts with various banks, she said.
The Supreme Court focused on the intention of the restraining order, rather than the specific wording of it which had been the High Court's focus in determining whether it constituted a "foreign restraining order".
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