THE CHRISTIAN CHURCH COMMUNITY TRUST v BANK OF NEW ZEALAND [2022] NZHC 3160 [29 November 2022]
Because the applicants demonstrated urgency, inability to find alternative banking, and the balance of convenience favored maintaining access to the listed accounts with only a short, non‑prejudicial delay in providing an undertaking, the Court granted an interim injunction restraining closure of the specified...
Source-derived case information.
- Citation
- [2022] NZHC 3160
- Parties
- Applicant: THE CHRISTIAN CHURCH COMMUNITY TRUST AND OTHERS; Respondent: BANK OF NEW ZEALAND
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 November 2022
- Procedural Posture
- Application for Interim Injunction / Interim Injunction Granted Pending Full Application; Directions for Filing and Hearing
- Outcome
- Interim injunction granted preventing the Bank of New Zealand from closing the listed accounts until further order; parties directed to file a full application and comply with procedural requirements and timelines; BNZ's right to challenge proper Registry preserved.
- Legal Topics
- Interim Injunction, Bank Account Closure, Undertaking as to Damages, Jurisdiction/registry Challenge
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE CHRISTIAN CHURCH COMMUNITY TRUST AND OTHERS
Applicant
BANK OF NEW ZEALAND
Respondent
Procedural Posture
Application for Interim Injunction / Interim Injunction Granted Pending Full Application; Directions for Filing and Hearing
Legal Issues
- 1 Whether an interim injunction should restrain the bank from closing specified accounts
- 2 Whether the requirement for an undertaking as to damages can be deferred given urgent circumstances
- 3 Whether the application has been filed in the proper Registry and BNZ's right to challenge venue
Ratio Decidendi
Because the applicants demonstrated urgency, inability to find alternative banking, and the balance of convenience favored maintaining access to the listed accounts with only a short, non‑prejudicial delay in providing an undertaking, the Court granted an interim injunction restraining closure of the specified accounts and directed prompt filing of a full application and required procedural compliance while preserving the respondent's right to challenge registry.
Court Disposition
Interim injunction granted preventing the Bank of New Zealand from closing the listed accounts until further order; parties directed to file a full application and comply with procedural requirements and timelines; BNZ's right to challenge proper Registry preserved.
Orders
- Interim injunction restraining respondent from closing the accounts listed at Schedule B2 of the applicants' memorandum until further order of the Court
- Applicants to file a full application for injunction by 2 December 2022
Full Case Text
Judgment text and source record
1 paragraphs
THE CHRISTIAN CHURCH COMMUNITY TRUST v BANK OF NEW ZEALAND [2022] NZHC 3160[29 November 2022]IN THE HIGH COURT OF NEW ZEALANDGREYMOUTH REGISTRYI TE KŌTI MATUA O AOTEAROAMĀWHERA ROHECIV-2022-418-16[2022] NZHC 3160BETWEEN THE CHRISTIAN CHURCHCOMMUNITY TRUST AND OTHERSApplicantsAND BANK OF NEW ZEALANDRespondentHearing: 29 November 2022 (By way of telephone conference)Appearances: R W Raymond KC and A Foote for ApplicantsW M Irving and L M Dick for RespondentJudgment: 29 November 2022JUDGMENT OF DUNNINGHAM J[1] Today I heard an urgent application, by telephone conference, seeking aninterim injunction to prevent the closure of a large number of banking accounts heldby entities and persons associated with the Gloriavale Christian community, run underThe Christian Church Community Trust. The bank accounts were otherwise to beclosed tomorrow in circumstances where the applicants had not been able to findalternative banking arrangements.[2] After hearing from the parties, I made an interim injunction order to preventthe closure of the accounts which are at issue, and which were listed at Sch B2 of thememorandum of counsel for the plaintiff/applicants, until further order of the Court,and subject to a full application for an injunction being filed by 2 December 2022.[3] The interim injunction granted is also subject to counsel providing before 5 pmtoday, a statement complying with the requirements of form G32 of the High CourtRules in respect of the material filed to obtain this interim injunction.[4] I also exercised my discretion to dispense with the requirement to provide anundertaking as to damages given the time constraints the applicants were operatingunder. Such an undertaking is to be provided no later than Friday 2 December 2022,and I can see no basis on which the short extension of time before closure of theaccounts was to have occurred and the formal filing of the application with theassociated undertaking as to damages, is likely to prejudice or harm the respondent.[5] I also note that the place where the cause of action arose is contested. Sufficientinformation has been filed before this Court to suggest that it has been filed in theproper Registry. However, that indication is made without prejudice to BNZ's rightto challenge whether the application is filed in the proper Registry of the Court.[6] In order to expedite the hearing of the formal application for an interiminjunction, I direct that a half day hearing is to be allocated, with the date to be fixedby Registry staff in consultation with counsel.[7] Brief reasons for my decision will issue in due course.Solicitors:Duncan Cotterill, ChristchurchRussell McVeigh, AucklandCopy To:R Raymond KC, Barrister, Christchurch