Bear v CBA Consulting Group Limited (in liq) HC Auckland CIV-2011-404-2837

[2011] NZHC 562

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-2837

IN THE MATTER OF     the Companies Act 1993

AND IN THE MATTER OF an application under s 386A and s 386E of the Companies Act 1993 for an exception under s 386A of the Companies Act 1993

BETWEEN  CHRISTINE JUNE BEAR Applicant

ANDCBA CONSULTING GROUP LIMITED (IN LIQUIDATION)

First Intended Respondent

Hearing:         1 June 2011

Appearances: R B Hucker for the Applicant

No appearance for the First Intended Respondent

Judgment:      1 June 2011

ORAL JUDGMENT OF WOODHOUSE J

Solicitors / Counsel:

Mr R B Hucker, Hucker Associates, Solicitors, Auckland

Copy to:

Mr H D Levin, Deloitte, Auckland

BEAR V CBA CONSULTING GROUP LIMITED (IN LIQUIDATION) HC AK CIV-2011-404-2837 1 June

2011

[1]      The applicant seeks an order under s 386A of the Companies Act 1993. Preliminary orders have already been made by Associate Judge Abbott, as recorded in his minute of 25 May 2011.

[2]      The orders and the minute were served on the liquidators of the respondent. One of the liquidators, Mr Levin, has filed a memorandum.  He has advised that the liquidation is without funds and there is no funding from creditors and that the liquidators will not be represented at the hearing of the substantive application.

[3]      Mr Levin has also advised that a copy of the sealed order and of the Associate Judge’s minute has been circulated to all creditors of the company known to the liquidators.   Mr Levin’s memorandum is dated 26 May 2011 so the notice to the creditors  will  have  gone  on  or  before  that  date.    The  order  records  that  the application was to be listed today.

[4]      Having considered the application and the affidavit in support, and having regard to the matters noted above, and with no opposition from the respondent or any

creditor, the order sought in paragraph 1(a) of the application is made.

Peter Woodhouse J