3 Mar 2021
BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2021] NZHC 365
- Citation
- [2021] NZHC 365
- Court
- High Court
The application for joinder was premature and refused because neither r 4.50 nor r 4.52 was engaged: there was no death, bankruptcy or devolution by operation of law and no change or transmission of legal ownership or beneficial interest because Manchester remained legal owner; the attempt to be joined as trustee without transfer of legal title amounted to an abuse of process. The Court nonetheless granted conditional relief: Mr Cummins may be joined if within 14 days he registers transfer of legal title to himself and pays all amounts owed to the Body Corporate without deduction or set-off;…