Lynx Trustees Ltd, associated with frequent Wellington litigant Harry Memelink, faces liquidation if it fails to pay $289,000 owed the body corporate running a sixteen unit commercial property in Lower Hutt.
Mr Memelink has been accused of obstructive and unreasonable conduct in body corporate affairs. He alleges the body corporate has been mismanaged. Lynx owns six of the 16 units.
The High Court appointed an administrator in March 2015 to take control of the business. A succession of administrators followed. The current appointment, Mr Gambitsis, is the third. Mr Memelink supported appointment of Mr Gambitsis, telling the court he agreed to be bound by an audit of body corporate finances. A subsequent audit by Deloitte identified Lynx owed $289,000 in unpaid levies. Lynx refuses to pay. It challenges Deloitte’s methodology, complaining it does not identify payments made prior to January 2008. Justice France said there is no evidence that any pre-2008 information benefits Lynx. The $289,000 debt can be enforced, he said.
Lynx Trustees Ltd v. Body Corporate 68792 – High Court (2.07.19)
19.123