Alexander v Wetherell HC Auckland CIV 2009-404-7781

[2010] NZHC 1441

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2009-404-7781

IN THE MATTER OF     CEDENCO FOODS LTD (IN RECEIVERSHIP) AND CEDENCO OHAKUNE LTD (IN RECEIVERSHIP)

BETWEEN  NEIL LIONEL ALEXANDER AND ORS Applicants

ANDMAYNE WETHERELL AND ORS Respondents

Hearing:         (on the papers)

Counsel:         D J Chisholm and J P Nolen for Applicants

R J Hollyman for First Respondents
M R Crotty and S P Pope for Second Respondents
T J G Allan for Third Respondent
P J Wright for Fourth and Fifth Respondents

Judgment:      19 August 2010

JUDGMENT (NO. 2) OF HEATH J

This judgment was delivered by me on 19 August 2010 at 11.15am pursuant to Rule 11.5 of the High

Court Rules

Registrar/Deputy Registrar

Solicitors:
Mayne Wetherell, PO Box 3797, Auckland
Russell McVeagh, PO Box 8, Auckland
Lowndes Associates, PO Box 7311, Auckland 1141
Grove Darlow, PO Box 2882, Auckland
Counsel:
R J Hollyman, PO Box 4338, Shortland Street, Auckland 1140
D J Chisholm, PO Box 2629, Shortland Street, Auckland 1140

P J Wright, PO Box 4338, Shortland Street, Auckland

ALEXANDER AND ORS V MAYNE WETHERELL AND ORS HC AK CIV 2009-404-7781  19 August 2010

[1]      On  28  July  2010,  I  gave  judgment  on  an  application  for  costs  by  the respondents in this proceeding, on its discontinuance.

[2]      In the course of the judgment I referred to one of the applicants against which costs were made as S K International Ltd.  Counsel for the respondents have drawn to my attention that that company does not exist – in fact, S K Foods International is a registered unlimited company in New Zealand.    That is the entity against which judgment for costs ought to have been entered.

[3]      I have been asked to recall my earlier judgment to make that change.  This judgment  recalls  my  earlier  judgment  and  replaces  any  reference  to  “S  K International Ltd” with a reference to “S K International”.

[4]      I do not think it is necessary to re-issue the earlier judgment.  The Registrar is directed to seal judgment against S K International on the basis of para [3] above.

[5]      Leave to apply is reserved in case there is a good reason why the original judgment should be re-issued.

P R Heath J

Delivered at 11.15am on 19 August 2010.