Commissioner of Inland Revenue v Century City Developments Limited HC Wellington CIV-2010-485-2089

[2011] NZHC 425

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2010-485-2089

IN THE MATTER OF     the Companies Act 1993

BETWEEN  THE COMMISSIONER OF INLAND REVENUE

Plaintiff

ANDACCIDENT COMPENSATION CORPORATION

Added Plaintiff

ANDCENTURY CITY DEVELOPMENTS LIMITED

Defendant

Hearing:         19 April 2011

(Heard at Wellington)

Counsel:         Y. Meng - Solicitor for Plaintiff

D.S. Lester - Solicitor for Added Plaintiff
J. Toebes - Solicitor for Defendant

Judgment:      19 April 2011

ORAL JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALL

Solicitors:           Inland Revenue Department, PO Box 1462, Wellington

J.T. Law, Solicitors, PO Box 25443, Wellington

Maude & Miller, Solicitors, PO Box 50555, Porirua City

THE COMMISSIONER OF INLAND REVENUE V CENTURY CITY DEVELOPMENTS LIMITED HC WN CIV-2010-485-2089 19 April 2011

[1]      Before the Court is an application by the plaintiffs to place the defendant company into liquidation.

[2]      This is the seventh call of this matter.

[3]      Mr Meng, counsel for the Commissioner of Inland Revenue confirmed today finally that the debt sought from the defendant had been paid in full and he sought leave to withdraw the proceeding.

[4]      Ms Lester, counsel for Accident Compensation Corporation confirmed also that the debt owing to the Corporation had been paid in full and she also sought leave to withdraw the proceeding.  The debt owing to the Accident Compensation Corporation which was paid included costs so no costs were sought by ACC.

[5]      Mr Meng for the Commissioner, however, sought costs with respect to this proceeding and these were not opposed by the defendant.

[6]     Given that the total debts which formed the foundation for the present application have now been settled in full, the need for the current application accordingly falls away.

[7]      That said an order is now made granting leave to the plaintiffs to withdraw this proceeding against the defendant.

[8]      Costs,  however,  are  awarded  to  the  plaintiff,  Commissioner  of  Inland Revenue only against the defendant on a category 2B basis together with disbursements as fixed by the Registrar.

[9]      Counsel may file memoranda sequentially on this issue of costs which are to be referred to me and in the absence of either party indicating  they wish to be heard on the matter I will decide the question of costs based upon the material before the Court.

‘Associate Judge D.I. Gendall’