TANKERSLEY v MEROITI [2014] NZHC 1874

TANKERSLEY v MEROITI [2014] NZHC 1874

The defendants materially failed to comply with the clear, objectively measurable requirements of the unless order by not disclosing identified bank accounts and required supporting documents to trace sale proceeds; their thereafter belated disclosures evidenced non-compliance rather than excused it; relief from the automatic sanction was refused and, as specified in the unless order, the first and fifth defendants are debarred from defending the proceedings.

Citation
[2014] NZHC 1874
Parties
First Plaintiff: Richard Norman Tankersley; Second Plaintiff: Rinota Project Management Services Sdn Bhd; Third Plaintiff: Estimating International Sdn Bhd; First Defendant: John David Meroiti; Second Defendant: Data Plan Services Ltd; Third Defendant: The Drafting House Ltd; Fourth Defendant: The Estimator Central Ltd; Fifth Defendant: Jill Meroiti; Sixth Defendant: CKM Holdings Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 August 2014
Procedural Posture
Civil Litigation Concerning Alleged Misrepresentation, Equitable Claims and Ancillary Discovery/freezing Orders / Interlocutory Application to Enforce an 'unless' Order and Determination of Debarment (judgment on Enforcement)
Outcome
First and fifth defendants debarred from defending these proceedings
Legal Topics
Unless Order, Debarment for Non Compliance, Discovery Obligations, Freezing Order Breaches, Tracing of Funds, Relief From Sanctions
Civil Procedure Injunctions and Freezing Orders Discovery and Disclosure Contract Law Equitable Remedies Company Law Unless Order Debarment for Non Compliance +4 more

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Parties

Richard Norman Tankersley

First Plaintiff

Rinota Project Management Services Sdn Bhd

Second Plaintiff

Estimating International Sdn Bhd

Third Plaintiff

John David Meroiti

First Defendant

Data Plan Services Ltd

Second Defendant

The Drafting House Ltd

Third Defendant

The Estimator Central Ltd

Fourth Defendant

Jill Meroiti

Fifth Defendant

CKM Holdings Ltd

Sixth Defendant

Procedural Posture

Civil Litigation Concerning Alleged Misrepresentation, Equitable Claims and Ancillary Discovery/freezing Orders / Interlocutory Application to Enforce an 'unless' Order and Determination of Debarment (judgment on Enforcement)

Legal Issues

  1. 1 Whether the first and fifth defendants complied with the unless order of 19 December 2013
  2. 2 Whether the material deficiencies, if any, merit automatic debarment from defending the proceedings
  3. 3 Whether the defendants are entitled to relief from the automatic sanction of debarment

Ratio Decidendi

The defendants materially failed to comply with the clear, objectively measurable requirements of the unless order by not disclosing identified bank accounts and required supporting documents to trace sale proceeds; their thereafter belated disclosures evidenced non-compliance rather than excused it; relief from the automatic sanction was refused and, as specified in the unless order, the first and fifth defendants are debarred from defending the proceedings.

Court Disposition

First and fifth defendants debarred from defending these proceedings

Orders

  • First and fifth defendants debarred from defending these proceedings pursuant to the unless order of 19 December 2013
  • Plaintiffs to file further submissions as to the consequences of this judgment