Aydogan v Highgrove Ground Zero Limited

[2021] NZHC 44

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2020-412-109

[2021] NZHC 44

UNDER

the Companies Act 1993

IN THE MATTER

of an application to restore HIGHGROVE GROUND ZERO LIMITED (1883639) to

the New Zealand Companies Office Register

BETWEEN

MEVLUT AYDOGAN

Applicant

AND

HIGHGROVE GROUND ZERO LIMITED

(Removed from Companies Register) Respondent

Hearing:	Determined on the papers
Counsel:	J C Z Loh for the Applicant
Judgment:	2 February 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 2 February 2021 at 11.30 am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 2 February 2021

AYDOGAN v HIGHGROVE GROUND ZERO LIMITED (Removed from Companies Register) [2021] NZHC 44 [2 February 2021]

[1]                  The applicant, Melvut Aydogan, seeks the restoration of Highgrove Ground Zero Limited (the company) to the Companies Office Register.

[2]                  In an interim judgment dated 8 December 2020,1 I indicated, subject to the applicant complying with the service requirements set out in Re Durweston Properties Ltd,2 that I was satisfied it was appropriate to restore the company to the Register given at the time it was removed from the Register it was a party to proceedings in the Employment Relations Authority, before which the applicant was pursuing a claim.

[3]                  Counsel for the applicant has filed a memorandum confirming that the application has been served on the Secretary to the Treasury, the Registrar of Companies and on the directors of the company (counsel for the directors having confirmed in writing that he was authorised to accept service).

[4]                  The Treasury and the Registrar of Companies have no issue with restoration of the company. The directors having taken no steps in response to service (albeit I note they have only just been served), I am satisfied it is appropriate there is an order that Highgrove Ground Zero Ltd, being company number 1883639, be restored to the Companies Office Register.

[5]                  Given the directors have only just been served, this order is not to be sealed for five working days, against the possibility the directors oppose the restoration of the company. If counsel for the applicant is served with any opposition by the directors to the application it is to be referred to me and I will allocate a telephone conference.

Associate Judge Lester

Solicitors:
JMJ Lawyers Limited, Timaru

1      Re Aydogan [2020] NZHC 3238.

2      Re Durweston Properties Ltd (1992) 6 PRNZ 95 (HC).