Johnson v Johnson

[2022] NZHC 447

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE WHANGANUI-A-TARA ROHE

CIV-2022-485-119

[2022] NZHC 447

BETWEEN

C.B. JOHNSON First Plaintiff

JOHNSON PRESCHOOL LIMITED
Second Plaintiff

AND

M.B. JOHNSON Defendant

Teleconference:	11 March 2022
Counsel:	C M Stevens, T Mijatov and J Trevella for Mr Johnson P F Dalkie and D Watson for Ms Johnson
Judgment:	11 March 2022

JUDGMENT OF GWYN J

(Interim Injunction)

[1]                On the afternoon of 11 March 2022 I heard the plaintiffs’ application for an interim injunction, made on a Pickwick basis.

Background

[2]                In December 2021 Mr Craig Johnson and Ms Maria Johnson in large part settled the various High Court proceedings between them and their associated entities. On 8 December 2021, I made orders by consent in relation to those matters between Mr and Ms Johnson, and their associated entities, on which they had reached a settlement (the Orders).

[3]                Settlement in relation to some of the Orders was to occur on 11 February 2022 (the 11 February Orders) but Ms Johnson was not in a position to settle.

JOHNSON v JOHNSON [2022] NZHC 447 [11 March 2022]

[4]                On 22 February 2022, I heard from counsel in relation to two aspects of the 11 February Orders – division of family chattels and directions regarding enforcement of settlement in relation to payment of rental and a shareholders’ accounts adjustment. Those matters, to the extent they are not resolved, are for hearing before me on      14 June 2022.

[5]                Other of the Orders are to settle on Monday 14 March 2022. They relate to the preschool businesses operated by the parties across three sites in Wellington, at Churton Park, Khandallah, and Kelburn. Under the Orders, one of the parties’ companies, Johnson Preschools Ltd (JPL) is to be solely owned and operated by    Mr Johnson and is to retain ownership of the properties at 2, 4 and 6 Ngaio Rd (the Kelburn properties) together with the fixtures, fittings and chattels of JPL located at the properties, and retains the Ministry of Education licence permitting a preschool to be operated from the Kelburn properties. Ms Johnson is to solely own and operate another of the parties’ companies, Little Schools Ltd (LSL), and is required to have transferred to LSL the properties at Khandallah and Churton Park and the Ministry of Education licences required to operate preschools from those properties.

[6]                The Orders specify property that LSL is entitled to remove from the Kelburn properties.

[7]                Mr Johnson has filed an affidavit in support of the application for an interim injunction deposing that Ms Johnson has removed JPL items from the Kelburn properties, without authorisation and in breach of the Orders.

[8]                Accordingly, Mr Johnson seeks interim orders requiring Ms Johnson to return the removed items and not to interfere with his use of and access to the Kelburn properties from 14 March 2022.

[9]                Ms Johnson opposes the orders sought and raises a number of issues as to interpretation of the Orders. Mr Dalkie, on her behalf, concedes that the interim orders sought are unlikely to cause prejudice to Ms Johnson that cannot be remedied by damages.

[10]            Having read and considered the interlocutory application without notice for an interim injunction, memorandum of counsel in support, statement of claim, and affidavit of Craig Johnson, notice of opposition and affidavit of Maria Johnson in opposition, and having heard from counsel for both parties I am satisfied that the balance of convenience and overall justice of the case mean it is appropriate to make the orders sought by the plaintiffs.

[11]Accordingly, I make the following orders:

(a)An interim injunction requiring Ms Maria Bernadette Johnson to forthwith return all property belonging to Johnson Preschool Ltd that has been removed by her or on her behalf from the Kelburn property at 2, and/or 4 and or 6 Ngaio Road.

(b)An interim injunction prohibiting Ms Maria Bernadette Johnson from interfering in any way directly or indirectly from Mr Craig Johnson’s use of and access to the Kelburn property from Monday 14 March 2022 onwards.

(c)Consequential orders granting leave to use the affidavits from related proceedings as attached to the affidavit of Mr Craig Johnson in support of this application.

(d)Costs are reserved.

[12]            The Registry is directed to ascertain if the substantive application can be heard earlier than 14 June 2022, possibly before Associate Judge Johnston on 21 March 2022.

Gwyn J

Solicitors:

DLA Piper, Wellington

McDonald Law Limited, Auckland