Commissioner of Inland Revenue v Century City Investments Limited HC Wellington CIV-2010-485-2087

[2011] NZHC 428

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2010-485-2087

IN THE MATTER OF     the Companies Act 1993

BETWEEN  THE COMMISSIONER OF INLAND REVENUE

Plaintiff

ANDCENTURY CITY INVESTMENTS LIMITED

Defendant

Hearing:         19 April 2011

(Heard at Wellington)

Counsel:         Y. Meng - Solicitor for 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

THE COMMISSIONER OF INLAND REVENUE V CENTURY CITY INVESTMENTS LIMITED HC WN CIV-2010-485-2087 19 April 2011

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

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

[3]      Finally today Mr Meng, counsel for the plaintiff Commissioner indicated that the debt owing to the Commissioner by the defendant had been paid in full although costs were still to be determined.

[4]      That said Mr Meng for the Commissioner sought leave to withdraw this proceeding.

[5]      Given that the total debt owing by this defendant company has now been paid to the Commissioner the basis for the present application falls away.

[6]      That said an order is now made granting leave to the plaintiff Commissioner to withdraw this proceeding.

[7]      Costs,  however,  are  awarded  to  the  plaintiff  against  the  defendant  on  a category 2B basis together with disbursements as fixed by the Registrar.

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

‘Associate Judge D.I. Gendall’