MacNamara v MacNamara
[2021] NZHC 2829
•21 October 2021
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2020-404-000404
[2021] NZHC 2829
BETWEEN SHERYL ANN MACNAMARA
Plaintiff
AND
NOEL JAMES MACNAMARA
Defendant
CIV-2020-404-000646 BETWEEN
NOEL JAMES MACNAMARA
PlaintiffAND
SHERYL ANN MACNAMARA
First Defendant
SHERYL ANN MACNAMARA, NOEL JAMES MACNAMARA and GRAHAM
LINCOLN WILFRED CRAIG as trustees of the MACNAMARA HOME TRUST
Second Defendants
SHERYL ANN MACNAMARA, NOEL JAMES MACNAMARA and GRAHAM
LINCOLN WILFRED CRAIG as trustees of the MACNAMARA FAMILY TRUST
Hearing: 20 October 2021 Appearances:
B O’Callahan for Mr Macnamara L J Kearns QC for Ms Macnamara
Judgment:
21 October 2021
RESULTS JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie On 21 October 2021 at 2.00 pm
Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar Date:…………………………
MACNAMARA v MACNAMARA [2021] NZHC 2829 [21 October 2021]
[1] On 27 September 2021, Mr Macnamara sought an urgent direction by way of memorandum. The direction was sought pursuant to leave reserved to the parties by the consent orders made by the Court on 27 August 2020 and/or under s 145 of the Trusts Act 2019. Mr Macnamara sought that the parties should be required to participate in a mediation.
[2]Mr Macnamara’s informal application was opposed by Ms Macnamara.
[3]I heard the matter yesterday – 20 October 2021. It took almost half a day.
[4] That mediation is scheduled for tomorrow, 22 October 2021. Any mediation needs to take place promptly, because the parties have a further application which is being heard by the Court on 29 October next. As a result, I am issuing this results judgment.
[5] Mr Macnamara’s informal application for a direction that the parties proceed to mediation is declined. I will set out my reasons for this results judgment when I have the time to do so.
Wylie J
Solicitors/counsel:
Shieff Angland Lawyers, Auckland Claymore Partners Ltd, Auckland LeeSalmonLong, Auckland
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