McCormick v Blue Sky Holdings (2018) Ltd

[2021] NZHC 3062

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-2061

[2021] NZHC 3062

IN THE MATTER

of an application pursuant to s 91 of the Companies Act 1993 by the executors of a deceased shareholder for rectification of share registers

BETWEEN

KATE ELIZABETH MCCORMICK and

JEFFREY KEVIN ROGERS as executors of the estate of ANDREW HEGMAN Applicants

AND

BLUE SKY HOLDINGS (2018) LTD

First Respondent

NORTH SPACE HOLDINGS LTD

Second Respondent

Judgment:

(On the papers)

12 November 2021

JUDGMENT OF BREWER J

This judgment was delivered by me on12 November 2021 at 10 am pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Fortune Manning (Auckland) for Applicants

MCCORMICK and ROGERS as executors of the estate of ANDREW HEGMAN v BLUE SKY HOLDINGS (2018) LTD [2021] NZHC 3062 [12 November 2021]

[1]Ms Fisher has filed:

(a)A without notice application to commence this proceeding by way of originating application and for directions as to service;

(b)The proposed originating application;

(c)Affidavits of the applicants in support of the originating application;

(d)A draft order; and

(e)A memorandum.

[2]        This is a straightforward matter. The applicants are the administrators of the estate of the late Andrew Hegman. Probate of the Will was granted by the Supreme Court of Queensland on 16 March 2021. The grant of probate was resealed in this Court on 26 July 2021.

[3]        Mr Hegman was the sole director and shareholder of Blue Sky Holdings (2018) Ltd and North Space Holdings Ltd.   The shares in the companies are an asset of    Mr Hegman’s estate and should be disposed of in accordance with his Will.

[4]        The applicants are entitled to be registered as the owners of the shares in the companies so they can discharge their duties as Mr Hegman’s executors. But, that is not possible other than by Court order.

[5]        The originating application, therefore, is for rectification of the companies’ share registers by transfer of the shares from Mr Hegman to the applicants as executors.1

[6]No-one else has any interest in the application.

1      Companies Act 1993, ss 91 and 93.

1. Having read the documents filed, I make the following orders:

(a)Leave is granted to commence the proceeding by way of originating application.

(b)Service of the originating application is dispensed with.

(c)The originating application for rectification of the share registers of Blue Sky Holdings (2018) Ltd and North Space Holdings Ltd is granted. The order may be sealed as filed.

Brewer J