Application by Jackson (Forestlands NZ Limited)

[2018] NZHC 2300

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-1849

[2018] NZHC 2300

UNDER

Part 19 of the High Court Rules and sections 280 and 286 of the Companies Act 1993

IN THE MATTER OF

an application concerning FORESTLANDS

N.Z. LIMITED

IN THE MATTER OF

an application by NEALE JACKSON and GRANT ROBERT GRAHAM

Applicants

Hearing:

31 August 2018

Appearances:

D T Broadmore and HCMS Snell for the Applicants

C Matsis for Leaders Real Estate (1987) Limited (Creditor)

Judgment:

3 September 2018

RESULTS JUDGMENT OF MUIR J

This judgment was delivered by me on Monday 3 September 2018 at 1.00 pm .pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar  Date:…………………………

Counsel/Solicitors:

Buddle Findlay, Auckland

Gault Mitchell Law, Wellington

Re an application Jackson and Graham (Forestlands) [2018] NZHC 2300 [3 September 2018]

[1]                 Messrs Neale Jackson and Grant Graham, partners of the firm KordaMentha, have filed an originating application seeking orders under s 280 of the Companies Act 1993 permitting them to act as liquidators of Forestlands N.Z. Limited (FNZ). They have also filed an associated application for leave to commence proceedings by way of originating application.

[2]                 The matter came before Katz J who by Minute dated 31 August 2018 directed that the application be served on Leaders Real Estate (1987) Limited (Leaders). She listed the matter for mention in the Duty Judge list on Monday 3 September 2018.

[3]                 Later that morning Counsel for Leaders, Mr Matsis, advised the Registry of his unavailability (other than by telephone) on 3 September. I accordingly convened two telephone conferences with counsel on the afternoon of 31 August 2018.

[4]                 At the conclusion of the second of those conferences Mr Matsis advised that his client did not oppose the application on the basis that leave be reserved to Leaders and all other creditors to apply to set aside any subsequent appointment of Messrs Jackson and Graham as liquidators.

[5]                 I publish this as a results judgment with more comprehensive reasons to follow.

[6]I am satisfied that:

[a]The matter is properly commenced by way of originating application.

[b]The application by Messrs Jackson and Graham to act as liquidators of FNZ is appropriately granted.

[7]                 I make orders accordingly. In respect of the order in [6(b)] I do so on the terms of the attached draft with the qualification that the costs referred to in Order 3(iii) are limited to those which are actual and reasonable.

Muir J

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KOTI MATUA OAOTEAROA TAMAKI MAKAURAU ROHE

CIV-2018-404-

UnderPart 19 of the High Court Rules and sections 280 and 286 of the Companies Act 1993

In the matter of an application concerning:

In the matter of

FORESTLANDS N.Z. LIMITED a company having its registered address at 205a High Street, Motueka, 7120, New Zealand and which carried on business in forestry

an application by NEALE JACKSON and GRANT ROBERT GRAHAM of Auckland, both Chartered Accountants for an order that they both be permitted to act as liquidators

Applicants

COURT ORDERS UNDER SECTION 280 OF THE COMPANIES ACT 1993

Dated:  2018

BUDDLE FINDLAY

Barristers and Solicitors Auckland

Solicitors Acting: D T Broadmore / H C M S Snell

Tel [phone] Fax [phone] PO Box 1433 DX CP24024 Auckland

E-mail [email protected] / [email protected]

COURT ORDERS UNDER SECTION 280 OF THE COMPANIES ACT 1993

1.The originating application without notice made by NEALE JACKSON and GRANT ROBERT GRAHAM on August 2018 was determined by the Honourable  on the day of

2018.

2.The determination was made without a hearing.

3.The following orders were made:

(a)the applicants are granted leave to act as liquidators of Forestlands

N.Z. Limited ("FNZ").

(b)that, in the event the applicants are appointed as liquidators, then:

(i)copies of the originating application and the sealed orders on the originating application be served on all known

creditors of FNZ at the same time and in the same manner as any notice by liquidators of a first creditors' meeting would be served;

(ii)any creditor of FNZ is granted leave to apply to the Court within ten working days of such service to set aside the

applicants' appointment as liquidators. In particular,

Leaders Real Estate (1987) Limited is granted leave to

apply to the Court within ten working days of such service to set aside the applicants' appointment as liquidators; and

(iii)the applicants' solicitor/client costs of this application be an expense incurred by the applicants in carrying out their duties as liquidators of FNZ.

By the Court:

(Deputy Registrar)

Sealed this  day of  2018