BARFOOT & ORS v O’MEARA [2018] NZHC 720

BARFOOT & ORS v O’MEARA [2018] NZHC 720

The Court held that on the material before it there was a serious question and a real risk to TEPS funds such that interim protection was justified; email service to dennyteps@outlook.com was treated as effective service on Mr Thompson; the Bank was ordered to freeze TEPS accounts and to provide statements, while other mandatory relief was adjourned to allow the defendants to obtain advice and respond.

Citation
[2018] NZHC 720
Parties
Plaintiff/applicant: Christopher Barfoot; Plaintiff/applicant: Bethany Megan Evans; Plaintiff/applicant: James Reginald Sinclair; Plaintiff/applicant: Julie Chambers; Plaintiff/applicant: Charles Worth; Plaintiff/applicant: Oliver Hoffman; Plaintiff/applicant: Dorthe Siggaard; Plaintiff/applicant: Siu Man Lorayoung; Plaintiff/applicant: Barbara Shaw; First Defendant/first Respondent: Patrick O'Meara; Second Defendant/second Respondent: Dennis Thompson; Third Respondent: ASB Bank Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 April 2018
Procedural Posture
Judicial Review Under the Judicial Review Procedure Act 2016 / Without Notice Application for Interim Relief (duty Judge)
Outcome
Interim relief granted in part: substituted service and address for service by email recognised; bank accounts frozen and disclosure of bank statements ordered; other applications adjourned; costs reserved.
Legal Topics
Interim Freezing Order, Substituted Service by Email, Joinder and Service, Disclosure of Membership Records, Special General Meeting, Prohibitory Injunction Re Representation
Administrative Law Charity and Incorporated Society Governance Civil Procedure Banking Law Injunctions and Interim Relief Interim Freezing Order Substituted Service by Email Joinder and Service +3 more

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Parties

Christopher Barfoot

Plaintiff/applicant

Bethany Megan Evans

Plaintiff/applicant

James Reginald Sinclair

Plaintiff/applicant

Julie Chambers

Plaintiff/applicant

Charles Worth

Plaintiff/applicant

Oliver Hoffman

Plaintiff/applicant

Dorthe Siggaard

Plaintiff/applicant

Siu Man Lorayoung

Plaintiff/applicant

Barbara Shaw

Plaintiff/applicant

Patrick O'Meara

First Defendant/first Respondent

Dennis Thompson

Second Defendant/second Respondent

ASB Bank Limited

Third Respondent

Procedural Posture

Judicial Review Under the Judicial Review Procedure Act 2016 / Without Notice Application for Interim Relief (duty Judge)

Legal Issues

  1. 1 Whether substituted service by email to dennyteps@outlook.com was effective
  2. 2 Whether the court should grant interim mandatory and prohibitory orders including freezing TEPS bank accounts
  3. 3 Whether the defendants should be compelled to deliver up membership lists and records

Ratio Decidendi

The Court held that on the material before it there was a serious question and a real risk to TEPS funds such that interim protection was justified; email service to dennyteps@outlook.com was treated as effective service on Mr Thompson; the Bank was ordered to freeze TEPS accounts and to provide statements, while other mandatory relief was adjourned to allow the defendants to obtain advice and respond.

Court Disposition

Interim relief granted in part: substituted service and address for service by email recognised; bank accounts frozen and disclosure of bank statements ordered; other applications adjourned; costs reserved.

Orders

  • Notice of proceeding, statement of claim, without notice application and supporting affidavits sent to dennyteps@outlook.com are treated as served on Dennis Thompson on 16 April 2018
  • Pending further order or Dennis Thompson filing and serving a formal address for service, dennyteps@outlook.com is the address for service for Mr Thompson