Serial Wellington litigator Harry Memelink alleged struck-off lawyer and convicted fraudster Patrick Renshaw had no authority to spend $130,000 on behalf of a Lower Hutt body corporate because Renshaw did not own a unit in the development as required by body corporate rules, forgetting that he had in fact purchased three of the units jointly with Renshaw through 2011 and 2012.
Engaged in a long-running dispute with the body corporate, Mr Memelink refuses to pay current annual levies stating levies payable should be set off against refunds he is allegedly due for body corporate money he claims was spent without authority. He alleges funds set aside for long-term maintenance were improperly used to challenge Transit New Zealand’s compulsory purchase and subsequent demolition of some units; work undertaken to realign the main highway through Petone.
Mr Memelink alleges fraud by Renshaw, spending some $130,000 of body corporate money on legal fees challenging Transit’s plans. Renshaw was convicted of fraud and jailed in 1992 for stealing client funds from his Wellington law firm. In 2015, Renshaw was convicted of tax fraud and sentenced to home detention.
Mr Memelink is bankrupt. Six units in the Lower Hutt development are held in his name as trustee of a family trust. As trustee, he is suing body corporate management to recover compensation for the allegedly unauthorised payments.
The Court of Appeal confirmed a High Court ruling that Mr Memelink’s claim be struck out. The claim was first filed in 2016. In dispute is Renshaw’s activities prior to 2013 as then secretary of the body corporate. The case was struck out for want of prosecution because of Mr Memelink’s inexcusable delays.
Memelink v. Body Corporate 68792 – Court of Appeal (2.12.21)
22.011