31 Jul 2023
MEMELINK v HAINES [2023] NZHC 1711
- Citation
- [2023] NZHC 1711
- Court
- High Court
The Court has power under r 15.1 and inherent jurisdiction to strike out proceedings notwithstanding a receivership stay, but refused to exercise that power here because the receivership stay was properly imposed to protect trust assets, no waiver was sought, the strike out grounds were not straightforward or clearly determinative (overlap with related proceedings and distinct claims against non-party defendants to the related proceeding), and striking out would unfairly divert receivers and prejudice other creditors; accordingly the strike out and costs application was dismissed and the stay…