Ellison Trading Limited v Brookside Contracting Limited HC Hamilton CIV 2004-419-1602

[2005] NZHC 1705

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV 2004-419-1602

UNDER  the Companies Act 1993 (s290)

IN THE MATTER OF     a notice of originating application pursuant

to Part IVA of the High Court Rules (R458D(1)(a)(vi))

BETWEEN  ELLISON TRADING LIMITED

Plaintiff

AND  BROOKSIDE CONTRACTING LIMITED

Defendant

Date:              12 May 2005 Counsel:  A Foster for applicant

D Forman for respondent

Minute:          12 May 2005

MINUTE OF ASSOCIATE JUDGE FAIRE

There is an error in the transcription of the oral judgment I delivered on 4 May 2005 in paragraph 10. The first sentence should read:

Accordingly, I conclude that the statutory demand must not be set aside.

The transcript of my judgment is accordingly recalled. The transcript in correct form of the judgment is now released.

JA Faire Associate Judge

Solicitors:Gallaway Cook Allan, PO Box 143, Dunedin for applicant Tomkins Wake, PO Box 258, Hamilton for respondent