Green Cabs Limited v Green Cabs Limited

[2020] NZHC 1101

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2020-485-220

[2020] NZHC 1101

BETWEEN

GREEN CABS LIMITED

Plaintiff

AND

GREEN CABS LIMITED

Defendant

On the papers
Counsel:	M Whyte and J G Haig for Applicant
Judgment:	25 May 2020

JUDGMENT OF CHURCHMAN J

[1]        By without notice interlocutory application dated 22 May 2020, the applicant applied for orders:

(a)appointing Heath Leslie Gair, insolvency practitioner of Porirua to be appointed interim liquidator of Green Cabs Limited; and

(b)for the reasonable costs incurred by the interim liquidator to be paid by the respondent company. The respondent company is the same entity, Green Cabs Limited.

[2]        The application has been made without notice on the grounds that requiring the applicant to proceed on notice would cause undue delay or prejudice and that this application affects only the applicant.

GREEN CABS LIMITED v GREEN CABS LIMITED [2020] NZHC 1101 [25 May 2020]

Relevant facts

[3]The grounds on which the orders are sought are as follows:

(a)the applicant has commenced liquidation proceedings seeking its own liquidation;

(b)the applicant is unable to pay its debts as they fall due;

(c)there is a need for urgency as the liabilities of the applicant are rapidly accruing and it has ceased trading and has no income; and

(d)it is necessary for an interim liquidator to be appointed so as to maintain the value of the company’s assets.

[4]        An affidavit in support of the application by Paul Ryan dated 22 May 2020 and an affidavit of Heath Leslie Gair dated 21 May 2020 have been filed in support of the application.

Analysis

[5]        Having reviewed the contents of the application and supporting affidavits, I am satisfied that this is an appropriate case for the application to be commenced on a without notice basis.

[6]        I am satisfied that it affects the applicant and that requiring the application for the appointment of an interim liquidator to be made on notice would cause undue delay and prejudice.

[7]        I am also satisfied that it is necessary for an interim liquidator to be appointed as soon as possible in order to preserve such value as there may be in the tangible and intangible assets of the company.

[8]        I have reviewed the draft order appointing interim liquidator filed with the application. I am satisfied that its contents are appropriate.

[9]        Accordingly, I make an order appointing Heath Leslie Gair, insolvency practitioner of Porirua on the terms set out in the draft order appointing liquidator filed with these proceedings.

[10]      I also direct that the reasonable costs incurred by the interim liquidator be paid by Green Cabs Limited (in liquidation).

Churchman J

Solicitors:
Avid Legal, Wellington for Applicant