Body Corporate 68792 v Memelink

[2022] NZHC 3489

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-485-000802

[2022] NZHC 3489

BETWEEN

BODY CORPORATE 68792

Plaintiff

AND

HARRY MEMELINK and CISCA

JOHNETTE FORSTER as Trustees of THE LINK TRUST (NO 1) (in receivership) Defendant

AND

IAIN BRUCE SHEPHARD and JESSICA

JANE KELLOW as receivers of the Link Trust (No 1)

Interested Party

Hearing:

15 December 2022

Appearances:

A O’Connor for the Plaintiff H Memelink in person

I B Shephard in person for the Interested Party

Judgment:

16 December 2022

JUDGMENT OF GRICE J

(injunction restraining interference with insurance)

[1]    The following interim orders are made until further order of the court. The reasons will follow in a separate judgment.

[2]    Mr Memelink and Ms Forster, jointly and severally and whether personally, as trustee or by their servants, agents or otherwise are restrained until further order of the court from:

BODY CORPORATE 68792 v MEMELINK & FORSTER as Trustees of THE LINK TRUST (NO 1) (in

receivership) [2022] NZHC 3489 [16 December 2022]

(a)contacting or engaging with (or causing any person or entity to contact to engage with) in any way whatsoever either current or former Body Corporate insurers and/or brokers; and

(b)taking any steps whatsoever to (or causing any person or entity to) interfere with insurance matters involving Body Corporate 68792.

[3]    The plaintiff is directed to file and serve the statement of claim and other documents on or before 23 December 2022.

Grice J

Solicitors:

Mana Law, Porirua