BRADY v THE PRESBYTERIAN CHURCH OF AOTEAROA NEW ZEALAND HC AK CIV-2012-404-2549

BRADY v THE PRESBYTERIAN CHURCH OF AOTEAROA NEW ZEALAND HC AK CIV-2012-404-2549

Although there was a serious question to be tried about the validity of the trespass notices, the balance of convenience strongly favoured the defendants because of the plaintiffs' delay in bringing urgent proceedings, the adequacy of damages to compensate any interim loss, and the real risk of disturbance and violence if interim mandatory relief were granted; accordingly the interlocutory injunction was declined.

Citation
openlaw-e9b1bc78_019a_4c7c_a5bc_4ac2f4c19be5.pdf
Parties
First Plaintiff: LAISARINI HANIPALE BRADY; Second Plaintiffs: SO'OLEFAI FALE AND SOTIATA FALE; Third Plaintiffs: LAISARINI HANIPALE BRADY, SOTIATA FALE AND LUPEMATASILASIAOSI; Fourth Plaintiffs: LEOTA SENERITA HENDRIKSE AND EDWIN HENDRIKSE; First Defendant: THE PRESBYTERIAN CHURCH OF AOTEAROA NEW ZEALAND; Second Defendant: NORTHERN PRESBYTERY; Third Defendant: TONY SPANDOW; Fourth Defendants: LES PARLANE, TEPU DEBBIE COOMBS AND FILEMONI FA'AVALE; Fifth Defendants: ALISTAIR HALL LAWYERS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 May 2012
Procedural Posture
Interlocutory Application for Interim Injunction in Civil Proceedings / Interim Hearing (oral Judgment)
Outcome
Interlocutory application for interim injunction declined; no interim mandatory injunction granted
Legal Topics
Trespass Notices, Interim Injunction, Balance of Convenience, Declaratory Relief, Harassment and Intimidation Allegations, Church Constitution (book of Order)
Property Law Equity Civil Procedure Religious Institutions Law Trespass Notices Interim Injunction Balance of Convenience Declaratory Relief +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LAISARINI HANIPALE BRADY

First Plaintiff

SO'OLEFAI FALE AND SOTIATA FALE

Second Plaintiffs

LAISARINI HANIPALE BRADY, SOTIATA FALE AND LUPEMATASILASIAOSI

Third Plaintiffs

LEOTA SENERITA HENDRIKSE AND EDWIN HENDRIKSE

Fourth Plaintiffs

THE PRESBYTERIAN CHURCH OF AOTEAROA NEW ZEALAND

First Defendant

NORTHERN PRESBYTERY

Second Defendant

TONY SPANDOW

Third Defendant

LES PARLANE, TEPU DEBBIE COOMBS AND FILEMONI FA'AVALE

Fourth Defendants

ALISTAIR HALL LAWYERS

Fifth Defendants

Procedural Posture

Interlocutory Application for Interim Injunction in Civil Proceedings / Interim Hearing (oral Judgment)

Legal Issues

  1. 1 Whether trespass notices issued against plaintiffs were valid
  2. 2 Whether plaintiffs entitled to mandatory interim injunction permitting entry to church property
  3. 3 Whether damages are an adequate remedy or interim relief required

Ratio Decidendi

Although there was a serious question to be tried about the validity of the trespass notices, the balance of convenience strongly favoured the defendants because of the plaintiffs' delay in bringing urgent proceedings, the adequacy of damages to compensate any interim loss, and the real risk of disturbance and violence if interim mandatory relief were granted; accordingly the interlocutory injunction was declined.

Court Disposition

Interlocutory application for interim injunction declined; no interim mandatory injunction granted

Orders

  • Interlocutory application for interim injunction dismissed
  • Proceedings to be placed in the earliest possible list before an Associate Judge for timetabling and allocation of a fixture for substantive hearing