BODY CORPORATE 68792 v MEMELINK & FORSTER as Trustees of THE LINK TRUST (NO 1) (in receivership) [2022] NZHC 3489

BODY CORPORATE 68792 v MEMELINK & FORSTER as Trustees of THE LINK TRUST (NO 1) (in receivership) [2022] NZHC 3489

The court granted an interim injunction restraining the defendants from contacting or engaging with current or former Body Corporate insurers or brokers and from interfering with insurance matters involving Body Corporate 68792, and directed the plaintiff to file and serve the statement of claim and other documents...

Source-derived case information.

Citation
[2022] NZHC 3489
Parties
Plaintiff: Body Corporate 68792; Defendant: Harry Memelink and Cisca Johnette Forster as Trustees of The Link Trust (No 1) (in receivership); Interested Party: Iain Bruce Shephard and Jessica Jane Kellow as receivers of the Link Trust (No 1)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 December 2022
Procedural Posture
Civil Injunction / Interim Application; Interim Orders Made (hearing 15 December 2022; Judgment 16 December 2022)
Outcome
Interim injunction granted restraining the defendants from contacting insurers or interfering with insurance matters; plaintiff directed to file and serve statement of claim and other documents by 23 December 2022.
Legal Topics
Interim Injunction, Restraint on Contacting Insurers, Preservation of Assets and Insurance Rights, Direction to File Statement of Claim
Civil Procedure Equity Injunctions Insurance Law Receivership Interim Injunction Restraint on Contacting Insurers Preservation of Assets and Insurance Rights +1 more

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Parties

Body Corporate 68792

Plaintiff

Harry Memelink and Cisca Johnette Forster as Trustees of The Link Trust (No 1) (in receivership)

Defendant

Iain Bruce Shephard and Jessica Jane Kellow as receivers of the Link Trust (No 1)

Interested Party

Procedural Posture

Civil Injunction / Interim Application; Interim Orders Made (hearing 15 December 2022; Judgment 16 December 2022)

Legal Issues

  1. 1 Whether to grant an interim injunction restraining the defendants from contacting or engaging with current or former Body Corporate insurers or brokers
  2. 2 Whether to restrain the defendants from interfering with insurance matters involving Body Corporate 68792
  3. 3 Whether the plaintiff should be directed to file and serve a statement of claim and other documents by a specified date

Ratio Decidendi

The court granted an interim injunction restraining the defendants from contacting or engaging with current or former Body Corporate insurers or brokers and from interfering with insurance matters involving Body Corporate 68792, and directed the plaintiff to file and serve the statement of claim and other documents by 23 December 2022, as necessary to preserve the parties' positions and prevent prejudice pending further order.

Court Disposition

Interim injunction granted restraining the defendants from contacting insurers or interfering with insurance matters; plaintiff directed to file and serve statement of claim and other documents by 23 December 2022.

Orders

  • Mr Memelink and Ms Forster, jointly and severally and whether personally, as trustee or by their servants, agents or otherwise are restrained until further order of the court from contacting or engaging with (or causing any person or entity to contact or engage with) in any way whatsoever either current or former...
  • Mr Memelink and Ms Forster, jointly and severally and whether personally, as trustee or by their servants, agents or otherwise are restrained until further order of the court from taking any steps whatsoever to (or causing any person or entity to) interfere with insurance matters involving Body Corporate 68792.