Johnston v Grantham HC Auckland Civ-2008-404-5869

[2008] NZHC 2641

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2008-404-5869

UNDER  the Companies Act 1993

IN THE MATTER OF     KAURI SPRINGS LIMITED (IN LIQUIDATION)

BETWEEN  RICHARD ANTHONY JOHNSTON AS LIQUIDATOR OF KAURI SPRINGS LIMITED (IN LIQUIDATION) Applicant

ANDROBERT NOEL GRANTHAM AS TRUSTEE OF WET FOOT HOLDINGS TRUST

Respondent

Hearing:         23 October 2008

Appearances: ML Broad for Applicant

R Weir for Respondent

Judgment:      23 October 2008

JUDGMENT OF JOHN HANSEN J

Solicitors:

Kensington Swan, Private Bag 92101 Auckland

Tetley-Jones Thom Sexton, PO Box 111, Auckland
Copy:

RAA Weir, Barrister, PO Box 46 281, Herne Bay, Auckland

KAURI SPRINGS LIMITED (IN LIQUIDATION) V WET FOOT HOLDINGS TRUST HC AK CIV-2008-404-

5869  23 October 2008

[1]      There is before the Court an application by the respondent that this matter be transferred to the District Court.   It is opposed by the liquidators, who take the position  that  the  specific  regime  under  s 284  of  the  Companies  Act  1993  is appropriate and will lead to the expeditious resolution of the matters arising.

[2]      At issue between the parties is the rejection of a creditor’s claim made on behalf of the respondent as trustee of Wet Foot Holdings Trust.  There is a dispute between the parties as to the liability for this debt.  Mr Weir has properly referred to the relevant passages in Brooker.  What that makes clear is that the liquidator should not attempt to obtain directions to resolve disputes, which should properly be the subject of ordinary Court proceedings.  This particular dispute should be the subject of ordinary Court proceedings.

[3]      The proceeding is transferred to the District Court.

[4]      There will be costs in the cause of the substantive hearing in the District

Court on a High Court 2B basis.

…………………………..

John Hansen J