Munford v Mr & Le Munford Limited

[2018] NZHC 2473

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CIV-2018-454-000092

[2018] NZHC 2473

UNDER

The Companies Act and Part 18 of the High Court Rules 2016

IN THE MATTER OF

application for rectification of a Share

Register under section 91 and an application for relief under section 174, and of claims in equity

BETWEEN

MICHAEL RICHARD MUNFORD

Plaintiff

AND

MR & LE MUNFORD LIMITED

First Defendant

HAYDEN TRAVIS RANKIN
Second Defendant

JANARA NZ LIMITED and JANARA ENTERPRISES LIMITED

Third Defendants

Hearing:	(On the papers)
Judgment:	20 September 2018

JUDGMENT OF COLLINS J

[1]                 A without notice application for an interim injunction has been referred to me as Duty Judge.

[2]                 The application has been made without notice because the plaintiff is concerned that the second defendant could attempt to pass a special resolution placing the first defendant into liquidation, “at a moment’s notice”.

MUNFORD v MR & LE MUNFORD LTD [2018] NZHC 2473 [20 September 2018]

[3]                 It is, however, essential that the first and second defendants be given a reasonable opportunity to respond to the application.

[4]                 To achieve this, I will issue the interim injunction sought by the plaintiff but, for a strictly limited period of time.

[5]                 The application and supporting affidavits are to be served on the first and second defendants. The Court will make time available to hear the application for an injunction on Tuesday 2 October 2018. Two hours have been allocated.

[6]                 If Mr Mahuta-Coyle is unable to appear that day, alternative counsel will need to be instructed.

[7]                 In the meantime, I grant the interim application sought until further order of the Court. I do so because, I am satisfied there is a reasonably arguably claim and the balance of convenience justifies the granting of the interim injunction for the limited period that I have indicated.

D B Collins J

Solicitors:

Integra Law Limited, Paraparaumu for Plaintiff