Christian Church Community Trust v Bank of New Zealand

[2022] NZHC 3160

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE

CIV-2022-418-16

[2022] NZHC 3160

BETWEEN

THE CHRISTIAN CHURCH COMMUNITY TRUST AND OTHERS
Applicants

AND

BANK OF NEW ZEALAND

Respondent

Hearing:	29 November 2022 (By way of telephone conference)
Appearances:	R W Raymond KC and A Foote for Applicants W M Irving and L M Dick for Respondent
Judgment:	29 November 2022

JUDGMENT OF DUNNINGHAM J

[1]    Today I heard an urgent application, by telephone conference, seeking an interim injunction to prevent the closure of a large number of banking accounts held by entities and persons associated with the Gloriavale Christian community, run under The Christian Church Community Trust. The bank accounts were otherwise to be closed tomorrow in circumstances where the applicants had not been able to find alternative banking arrangements.

[2]    After hearing from the parties, I made an interim injunction order to prevent the closure of the accounts which are at issue, and which were listed at Sch B2 of the memorandum of counsel for the plaintiff/applicants, until further order of the Court, and subject to a full application for an injunction being filed by 2 December 2022.

THE CHRISTIAN CHURCH COMMUNITY TRUST v BANK OF NEW ZEALAND [2022] NZHC 3160

[29 November 2022]

[3]    The interim injunction granted is also subject to counsel providing before 5 pm today, a statement complying with the requirements of form G32 of the High Court Rules in respect of the material filed to obtain this interim injunction.

[4]    I also exercised my discretion to dispense with the requirement to provide an undertaking as to damages given the time constraints the applicants were operating under. Such an undertaking is to be provided no later than Friday 2 December 2022, and I can see no basis on which the short extension of time before closure of the accounts was to have occurred and the formal filing of the application with the associated undertaking as to damages, is likely to prejudice or harm the respondent.

[5]    I also note that the place where the cause of action arose is contested. Sufficient information has been filed before this Court to suggest that it has been filed in the proper Registry. However, that indication is made without prejudice to BNZ’s right to challenge whether the application is filed in the proper Registry of the Court.

[6]    In order to expedite the hearing of the formal application for an interim injunction, I direct that a half day hearing is to be allocated, with the date to be fixed by Registry staff in consultation with counsel.

[7]Brief reasons for my decision will issue in due course.

Solicitors:

Duncan Cotterill, Christchurch Russell McVeigh, Auckland

Copy To:

R Raymond KC, Barrister, Christchurch