28 July 2023

Relationship Property: Sroubek v. Bozhenko

 

Convicted drug dealer and former kickboxing champion Karel Sroubek, also known as Jan Antolik, is in court claiming part interest in an Auckland property owned by his former parents-in-law.  At the same time he is challenging deportation after sneaking into New Zealand under a false identity.

Mr Sroubek is a Czech citizen.  His New Zealand resident status is uncertain. He gained media notoriety after gaining entry under a false name.  His receipt of New Zealand residence became a political circus.  This residency was annulled in 2018.  He is currently appealing a deportation order.

In New Zealand, he came to the attention of police, jailed in 2016 for drug offences.    

Mr Sroubek’s property dealings are now part of a relationship property claim.  The High Court was told he began a relationship with Ekatarina Bozhenko in 2011.  They married in 2016; that marriage dissolved four years later.  In dispute is a 2015 purchase of a property in Abbotts Way, Ellerslie, for $1.7 million.

Evidence was given of the two buying Abbotts Way at auction, but not completing the purchase.  Title was taken in the name of her parents, who live in Russia.  The purchase was funded in part with a $1.1 million ASB Bank loan.

There were family discussions about subdividing the property into three lots.  Nothing came of this. Mr Sroubek was jailed and his potential cash contribution was seized by police under the Criminal Proceeds (Recovery) Act.

On release, Mr Sroubek lived at Abbotts Way.  He carried out renovations.  The value of this work is disputed.  With Ekatarina, he was involved in a joint enterprise under the name Relax (NZ) Ltd, importing fruit juices.  This company was propelled into liquidation in early 2019.  The liquidators’ first report states Relax’s demise was caused by its bank closing the company account and withdrawing funding.  No other banks were willing to accept Relax as a customer.

Following separation from Ekatarina, Mr Sroubek claimed an interest in Abbotts Way by reason of the renovations he managed.  He claims a 25 per cent share.  The property is claimed to be now worth some $3.3 million.  Mr Sroubek registered a caveat against the title to protect his claimed interest.

The High Court was told this claim is tied in with a relationship property dispute with his former spouse.  It was agreed the caveat is to remain; Mr Sroubek’s claim to a share in Abbots Way to be decided as part of pending relationship property litigation.

Mr and Mrs Bozhenko, as owners of Abbotts Way, asked that Mr Sroubek be ordered to pay money into court as security for payment of their legal costs should his claim be unsuccessful.  Associate judge Brittain declined their request.

The Bozhenkos claim Mr Sroubek owes them rent for time he lived at Abbotts Way and further claim he owes $61,000 for a loan they made to him.

Sroubek v. Bozhenko – High Court (28.07.23)

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