Feather v Registrar of Companies

[2023] NZHC 2630

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2023-409-251

[2023] NZHC 2630

IN THE MATTER

of an application pursuant to section 329 of the Companies Act 1993

BETWEEN

GRAEME ALAN FEATHER and VIVIENNE MARIE FEATHER

Applicants

AND

THE REGISTRAR OF COMPANIES

Respondent

Hearing:	(On the papers)
Counsel:	B G Walker for the Applicants G S Caro for the Respondent
Judgment:	20 September 2023

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Consent Judgment)

FEATHER v THE REGISTRAR OF COMPANIES [2023] NZHC 2630 [20 September 2023]

[1]                 In this proceeding, the applicants (Mr and Mrs Feather), seek to have Graeme Feather Limited reinstated to the Companies Register. Counsel have liaised as to the legal basis of the application and filed a consent memorandum seeking orders in terms of the amended originating application filed on 13 September 2023.

[2]                 When the consent memorandum was referred to me, I issued a Minute recording my view that when Graeme Feather Ltd was restored to the Register,        a replacement liquidator should be appointed in order to take up the office of liquidator. The company was in liquidation when removed from the Register so upon restoration, the company will be in liquidation.

[3]                 Mr Walker, counsel for the applicants, has filed the consent of an experienced liquidator, Mr I A Nellies, who is known to the Court.

[4]                 With that consent now to hand, there is no reason to not act on the joint memorandum of counsel dated 13 September 2023 recording that an order restoring Graeme Feather Ltd to the Register can be made by consent.

[5]Accordingly, I make the following orders:

(a)There is leave to the applicants to apply for an order that Graeme Feather Limited is to be reinstated to the New Zealand Companies Register.

(b)There is an order that Graeme Feather Limited is reinstated to the Companies Register.

(c)There is an order appointing Mr Iain Andrew Nellies of Dunedin as liquidator of Graeme Feather Limited, that appointment to take effect upon the company being restored to the Register.

(d)Mr Nellies fees, as set out in this consent of 14 September 2023, are approved.

[6]                 Leave is reserved to the applicants and the liquidator to apply for any consequential orders that are required.

Associate Judge Lester

Solicitors:

Trollope & Co, Christchurch (for Applicants)

G S Caro, Ministry of Business, Innovation & Employment, Auckland (for Respondent) Copy to counsel:

B G Walker, Barrister, Christchurch