12 Dec 2023
BODY CORPORATE 68792 v MEMELINK AND FORSTER [2023] NZHC 3637
- Citation
- [2023] NZHC 3637
- Court
- High Court
The interlocutory application to remove the court-appointed administrator was struck out because proceedings by or against the trust are stayed by the receivership orders unless the receivers consent or the Court orders otherwise, the application constituted an abuse of process and impermissible relitigation, the trustees did not have standing to pursue removal when the trust (in receivership) is the unit owner and no leave or consent was obtained, and the administrator's failure to lodge a sealed order on title did not invalidate his appointment.