Herzog v Myriad International Limited

[2018] NZHC 2010

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2016-404-2863

[2018] NZHC 2010

IN THE MATTER

of the Companies Act 1993

IN THE MATTER

of the liquidation of Myriad International Limited

BETWEEN

LAWRENCE HERZOG

Plaintiff

AND

MYRIAD INTERNATIONAL LIMITED

Defendant

Hearing:

8 August 2018

Appearances:

Mr Herzog in person

J Ropati for the Defendant

Judgment:

8 August 2018

JUDGMENT OF JAGOSE J

This judgment is delivered by me on 8 August 2018 at 3.00pm pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitor:

John Ropati, Auckland

Copy to:

Plaintiff

HERZOG v MYRIAD INTERNATIONAL LTD [2018] NZHC 2010 [8 August 2018]

[1]    Mr Herzog applies for orders under s 91 of the Companies Act 1993 for a transfer to him of shares in the defendant company held by strangers to the proceeding. The application appears to be to meet the company’s contention he lacks standing to seek its liquidation.

[2]    Such an application cannot be brought in this proceeding, whether by originating application (which Mr Herzog’s application also seeks leave to utilise) or otherwise, without joinder of those strangers to this proceeding. If, as Mr Herzog concedes, the application is intended to commence as a new proceeding, it must properly be commenced.

[3]The application is dismissed.

[4]    The company seeks its costs, but – given the near absence of material steps taken by the company in opposing the application, and the continuing issues between the parties – I make no order as to costs.

—Jagose J