KENNEDY AND ANOR v BOYLE AND ANOR [2015] NZHC 530

KENNEDY AND ANOR v BOYLE AND ANOR [2015] NZHC 530

The Court granted the interim injunction because the applicants established urgency, provided an undertaking as to damages, and the balance of convenience and requirement for a serious question to be tried favoured interim relief; the Court accepted litigation guardians should represent the minors; name suppression was not ordered.

Citation
[2015] NZHC 530
Parties
First Applicant: Jordan Terrence Kennedy; Second Applicant: Jack McGowan Bell; First Respondent: Justin Boyle; Second Respondent: Board of Trustees of St Bede's College
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 March 2015
Procedural Posture
Interim Injunction Application / Interim Hearing (urgent, Pickwick Basis)
Outcome
Interim injunction granted; applicants to be represented by litigation guardians; no name suppression; costs reserved.
Legal Topics
Interim Injunction, Litigation Guardians, Name Suppression, Pickwick Hearing, Undertaking as to Damages
Injunctions Civil Procedure Education Law Administrative Law Sports Law Interim Injunction Litigation Guardians Name Suppression +2 more

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Parties

Jordan Terrence Kennedy

First Applicant

Jack McGowan Bell

Second Applicant

Justin Boyle

First Respondent

Board of Trustees of St Bede's College

Second Respondent

Procedural Posture

Interim Injunction Application / Interim Hearing (urgent, Pickwick Basis)

Legal Issues

  1. 1 Whether applicants should be represented by litigation guardians
  2. 2 Whether an interim injunction should prevent respondents implementing decision to bar applicants from rowing at the 2015 Maadi Cup
  3. 3 Whether urgency justified a Pickwick/telephone hearing

Ratio Decidendi

The Court granted the interim injunction because the applicants established urgency, provided an undertaking as to damages, and the balance of convenience and requirement for a serious question to be tried favoured interim relief; the Court accepted litigation guardians should represent the minors; name suppression was not ordered.

Court Disposition

Interim injunction granted; applicants to be represented by litigation guardians; no name suppression; costs reserved.

Orders

  • Applicants to be represented by their litigation guardians, Shane Joseph Kennedy and Anthony McGowan Bell
  • Interim injunction preventing the respondents from implementing the decision to prevent the applicants from rowing at the 2015 Maadi Cup