Cain v Rilean Construction (Central Otago) Limited (in liquidation)

[2022] NZHC 508

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-000155

[2022] NZHC 508

IN THE MATTER

of Rilean Construction (Central Otago) Limited (in liquidation)

BETWEEN

RHYS JAMES CAIN

Applicant

AND

RILEAN CONSTRUCTION (CENTRAL

OTAGO) LIMITED (In Liquidation) First Respondent

AND

ADVANTAGE 2010 LIMITED

Second Respondent

AND

NIND ELECTRICAL SERVICES LIMITED

Third Respondent

AND

COMPLETE CABINETS LIMITED

Fourth Respondent

Hearing:	On the papers
Counsel:	B M Russell and M D W King for Applicant
Judgment:	18 March 2022

JUDGMENT OF ASSOCIATE JUDGE PAULSEN

This judgment was delivered by me on 18 March 2022 at 3.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

CAIN v RILEAN CONSTRUCTION (CENTRAL OTAGO) LTD (In Liquidation) [2022] NZHC 508 [18 March 2022]

[1]                  On 17 August 2021, the applicant was appointed receiver of a fund comprising retentions held on trust for subcontractors of the first respondent, Rilean Construction (Central Otago) Ltd (in liquidation) engaged on a development known as the Remarkables Residences.1

[2]                  The applicant has now completed the receivership and filed a final report dated 20 December 2021.

[3]                  The applicant seeks an order bringing the receivership of the retentions fund to an end.

[4]                  I have considered the applicant’s final report and I am satisfied the receivership has been concluded. The entitled subcontractors have received payment in full. In accordance with the judgment of 17 August 2021, the payments did not include interest on claims. This is a satisfactory outcome.

Result

[5]There shall be an order the receivership of the retentions fund is now at an end.

O G Paulsen Associate Judge

Solicitors:

Lane Neave, Christchurch

1      Cain v Rilean Construction (Central Otago) Ltd (in liq) [2021] NZHC 2153.