Refusing permission to appeal his bankruptcy nearly one year out of time, the Court of Appeal described Harry Memelink as a debtor whose modus operandi is prevarication, disputation and obfuscation.
Wellington-based Mr Memelink was bankrupted in August 2018 for non-payment of a court costs order. In March this year he was bankrupted a second time on a subsequent court costs order. Insolvency Service is handling his concurrent bankruptcies. The Court of Appeal was told Mr Memelink is not co-operating. He has refused to disclose assets and liabilities to Insolvency Service, saying he cannot provide up-to-date information because his accounts have ‘lapsed.’
In the Court of Appeal, Mr Memelink asked for annulment of his first bankruptcy, challenging the bankruptcy adjudication made in August 2018. First, he needed approval to appeal out of time. The Court refused. Mr Memelink’s proposed appeal had no merit, the Court said. He was simply attempting to relitigate legal arguments which found no merit at his August 2018 bankruptcy hearing, it said.
Mr Memelink claims that what he calls the Memelink Group has equity of around $8.5 million. If so, why does Mr Memelink not pay debts leading to his bankruptcy, the Court asked.
Memelink v. Collins & May Law – Court of Appeal (25.03.20)
20.066