Duncan v Registrar of Companies HC Wellington CIV 2010-485-1805

[2010] NZHC 1987

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2010-485-1805

IN THE MATTER OF     the Companies Act 1993

BETWEEN  RICHARD HUGHES JAMES DUNCAN Applicant

AND  REGISTRAR OF COMPANIES First Respondent

ANDHEIDELBERG GRAPHIC EQUIPMENT LIMITED

Second Respondent

Counsel:         Miss Sorsby for Applicant

Date:              15 November 2010

MINUTE OF MALLON J

[1]      The applicant, a director of Vivid Digital Limited (“Vivid”), applies to have

Vivid restored to the Companies Register.

[2]      Vivid was removed from the Companies Register on 21 June 2009 because it had not filed an annual return.  An affidavit filed in support of the application for restoration advises that the reminders for filing the return were forwarded to an old address.

[3]      The application for restoration was made to the Companies Office Register. However Heidleberg Graphic Equipment  Limited (“Heidleberg”) objected to the restoration.   Because of this objection the application for restoration needed to be

made to the Court.  The application is made under s 329 of the Companies Act 1993.

DUNCAN V REGISTRAR OF COMPANIES & ANOR HC WN CIV-2010-485-1805  15 November 2010

[4]      The application was served on the Companies Office.  No affidavit of service has been filed but Miss Sorsby was able to produce correspondence from the file which records service as having taken place on 4 October 2010.   Miss Sorsby’s instructions are that the Companies Office abide the Court’s decision on the application.

[5]      A memorandum of counsel has been filed on behalf of Heidleberg advising that Heidleberg does not oppose Vivid’s application for restoration.

[6]      Having read the papers that have been filed and hearing from Miss Sorsby this morning, I am satisified that an order for restoration can be made.  I make an order accordingly.  The order is conditional on Vivid filing the outstanding annual return within 4 weeks of today’s date.

Mallon J