Kenneally v Kenneally

[2017] NZHC 2428

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2017-409-000797 [2017] NZHC 2428

IN THE MATTER OF

The Estate of Lenor Helen Kenneally -

Patrick's Trust

BETWEEN

WILLIAM PATRICK KENNEALLY Plaintiff

AND

MICHAEL JOHN KENNEALLY, LEANN BURKE and

LINDA HELEN STOCK Defendants

Hearing:	On the papers
Judgment:	4 October 2017

JUDGMENT OF NATION J

[1]      I have  read  the  without  notice  application  for  an  interim  injunction, the affidavit of the plaintiff in support, the statement of claim and the memorandum of counsel.

[2]      I am satisfied that the grounds for the making of an interim injunction, as set out in the application, have been made out and it is appropriate to make an interim injunction restraining the defendants from distributing Patrick’s Trust until further order of the Court.

[3]      I make orders in terms of the draft order filed with the Court.

KENNEALLY v KENNEALLY & ORS [2017] NZHC 2428 [4 October 2017]

[4]      Leave is reserved to any of the parties to be served to apply to the Court for any variation of the order.

[5]      I  have  also  considered  the  interlocutory  without  notice  application  for directions as to service.  I make orders for service as set out in the draft order filed with the application.