Commissioner of Inland Revenue v Jema Trustees Limited HC Auckland CIV-2011-404-3134

[2011] NZHC 687

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-3134

UNDER  the Companies Act 1993

BETWEEN  THE COMMISSIONER OF INLAND REVENUE

Plaintiff

ANDJEMA TRUSTEES LIMITED Defendant

Hearing:         15 July 2011

Appearances: Ms S Law for Commissioner

Judgment:      15 July 2011

ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGE

Solicitors:

Inland Revenue Department, Manukau City – by email: [email protected]

THE COMMISSIONER OF INLAND REVENUE V JEMA TRUSTEES LIMITED HC AK CIV-2011-404-3134

15 July 2011

[1]      A  liquidator  was  appointed  by  shareholder  resolution  in  respect  of  the defendant on 21 June 2011.  The Commissioner does not accept that the resolution was properly passed because the company was unlikely to have been solvent at the time.     For  that  reason  the  Commissioner  has  brought  proceedings  for  the appointment of its own liquidator.

[2]     In order to resolve this matter it will be necessary to hear from the shareholder/appointed liquidator.   I direct that the liquidator, Stuart Douglas Robertson is to file an affidavit in these proceedings within 21 days giving evidence of such information as is in the company’s records which bear upon the question of the company’s solvency immediately before the date of the shareholders resolution,

21 June 2011.   I also direct that the liquidator is to appear at the next call of this matter.  It may be that if satisfactory information is provided in the affidavit which I have referred to above that it will be possible to excuse Mr Robertson’s attendance on 9 September, but in the meantime he has an obligation to come before the Court at 10.45 on 9 September 2011.   If there are further discussions between the Commissioner and Mr Robertson which mean that his attendance at Court would not be required then the Commissioner is to file a memorandum of 9 September advising the Court that it does not see any need for the liquidator to appear and, sending a copy of that information to Mr Robertson.

The proceeding is adjourned to 10.45 a.m on 9 September 2011.

J P Doogue

Associate Judge