Kennedy v Boyle

[2015] NZHC 530

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV2015-409-000145 [2015] NZHC 530

BETWEEN

JORDAN TERRENCE KENNEDY by his litigation guardian SHANE JOSEPH KENNEDY

First Applicant

AND

JACK MCGOWAN BELL by his litigation guardian ANTONY MCGOWAN BELL

Second Applicant

AND

JUSTIN BOYLE First Respondent

AND

THE BOARD OF TRUSTEES OF ST BEDE'S COLLEGE

Second Respondent

Hearing:	23 March 2015
Appearances:	A D Marsh for Applicants A M McCormick for Respondents
Judgment:	23 March 2015

JUDGMENT OF DUNNINGHAM J

[1] was d	This ealt w	morning I heard an urgent application for an interim injunction which ith on a Pickwick basis. The orders sought were:
(a)	an  order  that  the  applicants  be  represented  by  their  litigation guardians, Shane Joseph Kennedy and Anthony McGowan Bell;
(b)	an order that the respondents be prevented from implementing the decision     to     prevent    the     applicants     from     rowing     at    the

2015 Maadi Cup; and

KENNEDY AND ANOR v BOYLE AND ANOR [2015] NZHC 530 [23 March 2015]

(c)       costs of the application.

[2]      An oral order seeking name suppression for the boys was also made at the outset of the telephone conference.

[3]      Because of the urgency of the matter, including the first race that one of the boys is to participate in is to take place at 11.28 am this morning, I heard the matter by telephone commencing shortly after 9.00 am, and made oral orders at the conclusion of the hearing.  Given the true commitment I did not give reasons for my decision contemporaneously but advised that reasons for my decision would issue shortly.  I will endeavour to issue those later today.

[4]      Having  read  the  applicants  draft  statement  of  claim,  the  affidavit  of Shane Joseph Kennedy in support, the undertaking as to damages from the applicant and the applicant’s supporting memorandum, and having heard from Mr McCormick for the respondents, I order:

(a)      that  the  applicants  be  represented  by  their  litigation  guardians, Shane Joseph Kennedy and Anthony McGowan Bell;

(b)an  interim  injunction  is  granted  preventing  the  respondents  from implementing the decision to prevent the applicants from rowing at the 2015 Maadi Cup;

(c)       there is to be no order suppressing the applicants’ names; (d)  costs are reserved.

Solicitors:

Saunders Robinson Brown, Christchurch

Brandts-Giesen McCormick, Rangiora