Market Street Commercial Investments Limited v Glaister Ennor Barristers and Solicitors HC Auckland CIV 2011-404-005158

[2011] NZHC 1662

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2011-404-005158

UNDER  s290 of the Companies Act 1993

BETWEEN  MARKET STREET COMMERCIAL INVESTMENTS LIMITED

First Applicant

ANDGSRI INVESTMENTS LIMITED Second Applicant

ANDGRSD DEVELOPMENTS LIMITED Third Applicant

ANDGLAISTER ENNOR BARRISTERS AND SOLICITORS

Respondent

Hearing:         14 November 2011

Appearances: T Herbert for the Applicants

K Kelly for the Respondent

Judgment:      14 November 2011

ORAL JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN

Solicitors:

T Herbert, Barrister, Auckland – [email protected]

K Kelly, Glaister Ennor, Auckland –  [email protected]

MARKET STREET COMMERCIAL INVESTMENTS LIMITED V GLAISTER ENNOR BARRISTERS AND SOLICITORS HC AK CIV 2011-404-005158 14 November 2011

[1]      The fixture was scheduled before me this morning upon the applications of

the three applicants to set aside the respondent’s statutory demands.

[2]      In support of those applications an affidavit by Mr A W Gillion was filed.  It gave a broad outline of reasons why the application was filed.

[3]      No supplementary affidavits were filed. A comprehensive response was filed by the affidavit of Mr T A Jones a partner in the respondent.  Mr Jones responded in detail to the brief claims of Mr Gillion about an alleged inadequate detail of the legal services provided by the respondent; to the claim there was an agreement for a partial write-off of the respondent’s invoices; and to a claim of a negligent provision of services.

[4]      Mr Jones’ response has not been the subject of a reply on behalf of the

applicants.

[5]      When the matter was called before me this morning Mr Herbert appeared. He advised he had no instructions; he sought and was granted leave to withdraw.

[6]      Thereupon I made an order that the setting aside application on behalf of the three applicants was dismissed.  I ordered that costs upon that application be paid as to a single sum calculated on a 2B costs basis together with disbursements approved by the Registrar.

[7]      Also and upon application by the respondent I made the following orders:

That the three applicants are to pay the amounts of their respective statutory demands by 4:00pm 29 November 2011, failing which there will be orders for the liquidation of each of those companies pursuant to s 290(1)(a) of the Companies Act 1993. The Official Assignee is to be appointed the liquidator and the time for those orders is to be 10:00am on 30 November 2011.

[8]      In each case where an order for liquidation is made the defendant company shall be ordered to pay costs on a 2b basis together with disbursements approved by

the Registrar.

Associate Judge Christiansen