Johnson v Johnson

[2021] NZHC 3369

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2020-485-417

[2021] NZHC 3369

BETWEEN

MARIA BERNADETTE JOHNSON

Plaintiff

AND

CRAIG BRYAN JOHNSON

First Defendant

AND

CRAIG BRYAN JOHNSON, MARIA BERNADETTE JOHNSON and GRANT

MAITLAND RICHARDSON as trustees of the CB and MB Johnson Family Trust Second Defendants

On the Papers

Counsel:

G M Illingworth QC, C J R Baird, P Magee and J Wademan for the Plaintiff

C M Stevens, T Mijatov, H Stanford and M L Greenhough for the First Defendant

Judgment:

9 December 2021

JUDGMENT OF GWYN J

(Rescission of interim injunction)

[1]    On the evening of 14 August 2020 I granted the plaintiff’s urgent without notice application for an interim injunction (the ex parte interim orders). In my judgment of 19 August 2020 I provided my reasons for granting the application.1

[2]    The plaintiff’s substantive application was not subsequently pursued and has not been discontinued.  The plaintiff has advised the Court that she withdraws her

1      Johnson v Johnson [2020] NZHC 2093.

JOHNSON v JOHNSON [2021] NZHC 3369 [9 December 2021]

affidavit evidence filed in support of the application. The parties to the ex parte interim orders seek by consent to have the orders rescinded.

[3]    The Court has an inherent jurisdiction to modify or revoke procedural orders, at any time before a substantive judgment determines the parties’ rights and in circumstances where those orders have become unjust.2 As Dunningham J noted in AMFL Ltd v Savill that jurisdiction extends to varying or rescinding interlocutory injunction orders in the light of changing circumstances as justice requires.3

[4]    Accordingly, by consent, I rescind  the  ex  parte  interim  orders  made  on 14 August 2020.

[5]    Pursuant to r 5(2) of the Senior Courts (Access to Court Documents) Rules 2017 I direct that neither the Court file nor any document on the Court file be accessed without the permission of a Justice.

Gwyn J

2      Ryde Holdings Limited v Sorenson (1995) 8 PRNZ 339 (HC).

3     AMFL Ltd v Savill [2020] NZHC 2112 at [19], citing Foodtown Supermarkets Limited v TSE

(1987) 2 PRNZ 545 (HC) and Sealegs International Limited v Zhang [2017] NZHC 741 at [8].