Body Corporates 81012 v Memelink

[2023] NZHC 1325

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2021-485-419

[2023] NZHC 1325

BETWEEN

BODY CORPORATES 81012, 68792 AND

378945
Plaintiffs

AND

HARRY MEMELINK and CISCA JOHNETTE FORSTER

Defendant

CIV-2020-485-462

BETWEEN

THE OFFICIAL ASSIGNEE in the

bankruptcy of HARRY MEMELINK ESTATE 889243

First Plaintiff

THE OFFICIAL ASSIGNEE in the

bankruptcy of HARRY MEMELINK ESTATE 895147

Second Plaintiff

AND

HARRY MEMELINK,

CISCA JOHNETTE FORSTER and ROY WILLIAM BASSET-BURR

Defendant

CIV-2020-485-374

BETWEEN

LYNX TRUSTEES LIMITED (IN LIQ)
Plaintiff

AND

HARRY MEMELINK

Defendant

On the papers:
Counsel:	J D Haig for Plaintiffs (Receivers)
Judgment:	30 May 2023

BODY CORPORATES 81012 & ORS v MEMELINK & ANOR (COSTS) [2023] NZHC 1325 [30 May 2023]

JUDGMENT OF CHURCHMAN J

[1]                 On 8 December 2022, I delivered a judgment allowing the interlocutory application of the Court-appointed receivers to the Link Trust (No 1), Mr Shephard and Ms Kellow, to vary the terms of their appointment, for directions and for interim approval of their remuneration.1

[2]                 The variation the receivers sought was not opposed by the plaintiffs in the three ongoing proceedings concerning the Trust, namely the bodies corporate, the liquidators or the Official Assignee. However, the application was opposed by Mr Memelink.

[3]                 Allowing the application, I was satisfied the orders sought by the receivers were logical and appropriate in the circumstances, and no basis had been established by Mr Memelink for refusing to grant them.2 As the successful party, the receivers are entitled to costs.3 I encouraged the parties to agree costs, failing which I would determine costs on the papers.4

[4]The receivers have now filed a memorandum seeking costs in the sum of

$10,516.00 plus disbursements of $550.00. The costs are based on a straightforward 2B calculation.5 I understand the receivers sought Mr Memelink’s agreement to their calculation of costs, which was not forthcoming, on the basis as I understand it that Mr Memelink apparently intends to seek recall of the judgment. It does not appear that any such recall application has yet been filed and served.

[5]                 I have considered the receivers’ application for costs as set out in the schedule to their memorandum. There are no submissions in response from Mr Memelink. The receivers are entitled to costs and the costs as claimed appear reasonable and

1      Body Corporate 81012 v Memelink [2022] NZHC 3307.

2      At [27] and [33].

3      High Court Rules 2016, rr 14.2 and 14.8(1).

4      Body Corporate 81012 v Memelink, above n 1, at [36].

5      As previously categorised, denoting proceedings of average complexity with a normal amount of time considered reasonable for steps taken: rr 14.3 and 14.5.

proportionate. The calculation of costs is correct. Costs are accordingly fixed as per the schedule in the receivers’ memorandum.

[6]                 Mr Memelink is to pay to the receivers costs of $10,516.00 plus disbursements of $550.00.

Churchman J

Solicitors:
Gibson Sheat, Wellington for Receivers