New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Justiciability of doctrinal disputes

Legal area

Court

4 Dec 2017

SIME v MAUNGATAPERE COMMUNITY CHURCH (INC) [2017] NZHC 2985

Citation

[2017] NZHC 2985
Court

High Court

The court exercised its discretion under High Court Rules r 14.6(3) to increase costs from the standard 2B assessment ($29,659) by 50% due to failures to comply with rules/directions, pursuit of meritless arguments and the proceeding's lack of utility, awarding increased costs of $44,488.50; disbursements of $2,009.69 were allowed; the claimed expert fee of $4,576.25 was disallowed; total order for payment by plaintiffs to defendants was $46,498.19.
8 Sept 2017

SIME v MAUNGATAPERE COMMUNITY CHURCH (INC) [2017] NZHC 2192

Citation

[2017] NZHC 2192
Court

High Court

The 1998 constitution was validly adopted at a properly convened members' meeting on 19 October 1998 in accordance with the 1995 constitution's amendment rules; registration under the Incorporated Societies Act was irrelevant and s23 of the Charitable Trusts Act did not require registration for the changes made; the July 27, 2015 members and leadership meetings were properly notified, attended and conducted under the operative 1998 constitution, votes were by valid members, and therefore the removals of the six plaintiffs as members and of A L Sime as an elder were lawful, entitling the defen…