BODY CORPORATE 81012 v HARRY MEMELINK [2016] NZHC 1008

BODY CORPORATE 81012 v HARRY MEMELINK [2016] NZHC 1008

Court ordered payment of $35,781.90 from the independent solicitors' trust account to Body Corporate 81012, declined to order payment of interest from the fund, awarded costs to the Body Corporate of $17,500 plus disbursements $1,255 to be paid from the fund, ordered remaining trust funds to be paid to Mr Memelink,...

Source-derived case information.

Citation
[2016] NZHC 1008
Parties
Claimant/creditor: Body Corporate 81012; Judgment Debtor: Harry Memelink
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 May 2016
Procedural Posture
Bankruptcy Adjudication/withdrawal Under Insolvency Act 2006 / Interlocutory Hearing on Disposition of Trust Funds and Leave to Withdraw Adjudication; Final Oral Judgment on Payment Out and Costs
Outcome
Adjudication application withdrawn with leave; payments from independent trust account ordered as set out below; costs awarded to Body Corporate.
Legal Topics
Adjudication Order, Payment of Levies, Interest on Levies, Costs Orders, Withdrawal of Application, Trust Fund Disposition, Appeal and Rehearing
Insolvency Unit Titles Law Civil Procedure Property Law Bankruptcy Adjudication Order Payment of Levies Interest on Levies +4 more

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Parties

Body Corporate 81012

Claimant/creditor

Harry Memelink

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication/withdrawal Under Insolvency Act 2006 / Interlocutory Hearing on Disposition of Trust Funds and Leave to Withdraw Adjudication; Final Oral Judgment on Payment Out and Costs

Legal Issues

  1. 1 Whether unpaid levies of $35,781.90 should be paid from the independent solicitors' trust account pending resolution of related disputes
  2. 2 Whether interest at 10% per annum should be paid from the fund under the Unit Titles Act 2010
  3. 3 Whether the Body Corporate is entitled to costs and whether those costs should be paid from the fund

Ratio Decidendi

Court ordered payment of $35,781.90 from the independent solicitors' trust account to Body Corporate 81012, declined to order payment of interest from the fund, awarded costs to the Body Corporate of $17,500 plus disbursements $1,255 to be paid from the fund, ordered remaining trust funds to be paid to Mr Memelink, and granted leave to withdraw the adjudication application.

Court Disposition

Adjudication application withdrawn with leave; payments from independent trust account ordered as set out below; costs awarded to Body Corporate.

Orders

  • Pay $35,781.90 from the independent solicitors\' trust account to Body Corporate 81012
  • Decline to pay any interest from the trust account to the Body Corporate (Body Corporate\'s claim for interest from the fund refused)