IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2024-485-000827
[2024] NZHC 3869
UNDER THE Crimes Act 1961
High Court Rules 2016
Lawyers & Conveyancing Act 2016 Insolvency Act 2006Bill of Rights Human Rights Act
IN THE MATTER OF
A substantive application regarding a fraudulently obtained judgment in CIV- 2018-485-363, the High Court breaching its duties of care by allowing a fraudulent proposal and affidavit to be filed by Quentin Haines
BETWEEN
HARRY MEMELINK
Applicant
AND
COLLINS & MAY LAW
Respondent
Hearing: (On the papers) Counsel:
Applicant in person
Judgment:
17 December 2024
JUDGMENT OF LA HOOD J
(Application for review of Registrar’s decision)
[1] Mr Memelink was adjudicated bankrupt in August 2018.1 He refuses to accept the validity of his bankruptcy and his repeated attempts to challenge it have been
1 Re Memelink HC Wellington CIV-2018-485-363, 28 August 2018 (Associate Judge Johnston).
MEMELINK v COLLINS & MAY LAW [2024] NZHC 3869 [17 December 2024]
dismissed, including at Supreme Court level.2 In his statement of claim dated 7 December 2024 (and supporting documentation) he applies for orders setting aside the bankruptcy on the grounds that it was obtained by fraud. The Registrar refused to accept these documents for filing. Mr Memelink challenges that decision under r 2.11(1)(b) of the High Court Rules 2016 (the Rules), which permits the Judge on review to “… make any orders he or she thinks just”.3
[2] A Registrar (including a Deputy Registrar) has the power to refuse to accept documents for filing either because they do not comply with the Rules or otherwise are an abuse of the Court’s process or contrary to a Court direction.4
[3] I have no hesitation in dismissing the application for review on the grounds that the proposed proceeding is plainly an abuse of process.
Background
[4] On 13 May 2024, McQueen J dismissed Mr Memelink’s application to review the decision of the Registrar to decline to accept for filing Mr Memelink’s application to recall the August 2018 bankruptcy judgment. In doing so, McQueen J set out the relevant background as follows:5
[6] The three proceedings that are the subject of Mr Memelink’s application for recall include two bankruptcy proceedings in which the law firm Collins & May Law sought orders adjudicating Mr Memelink bankrupt, and a third proceeding which was a proposal to creditors by Mr Memelink pursuant to sub pt 2 of pt 5 of the Insolvency Act 2006.
[7] Associate Judge Johnston heard the applications for bankruptcy together. Both applications were based on bankruptcy notices related to costs judgments made against Mr Memelink.6 Mr Memelink sought the adjournment of the applications for bankruptcy in order to enable his proposal to be put to his creditors. The creditors had not been alerted to Mr Memelink’s
2 Memelink v Collins & May Law [2022] NZSC 130; and Memelink v Collins & May Law [2024] NZSC 16.
3 High Court Rules 2016, r 2.11(2).
4 LFDB v…
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- Case
- [2024] NZHC 3869
- Decision Date
CaseChat Overview and Summary
The Court further found that Mr Memelink's attempts to circumvent the earlier judgments by filing a separate proceeding were inappropriate and amounted to an abuse of process. The Court reiterated that the doctrine of res judicata applied, and there was no justification for allowing Mr Memelink to pursue his claims again. The Court held that the Registrar's decision to refuse to accept the documents for filing was correct and dismissed the application for review. The Court emphasised that the repeated attempts by Mr Memelink to challenge the bankruptcy judgment were an abuse of the Court's process and highlighted the importance of adhering to the principles of finality and res judicata in litigation.
Orders
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Background
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Decision
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Ratio Decidendi
Legal Principle Established
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