Nor West Contracting Limited v HomeCo Limited

[2021] NZHC 162

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-8

[2021] NZHC 162

UNDER

the Companies Act 1993

IN THE MATTER

of the liquidation of Homeco Limited

BETWEEN

NOR WEST CONTRACTING LIMITED

Plaintiff

AND

HOMECO LIMITED

Defendant

Hearing:

12 February 2021

(Determined on the papers)

Counsel:

S N McKenzie for the Plaintiff

J Moss and G D A McGarry for the Defendant

Interim Judgment:

12 February 2021

INTERIM JUDGMENT OF ASSOCIATE JUDGE LESTER

(Orders)

This interim judgment was delivered by me on 12 February 2021 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

12 February 2021

NOR WEST CONTRACTING LIMITED v HOMECO LIMITED [2021] NZHC 162 [12 February 2021]

[1]        Mr Moss, counsel for the defendant, Homeco Limited, has filed an application for restraint of advertising in this application for liquidation.

[2]        Mr Moss, in his memorandum dated 12 February 2021, explains that the liquidation application was served on his client on 4 February 2021. The five day restriction on advertising under r 33.11 of the High Court Rules 2016 accordingly expires today,  12 February 2021, recognising that Monday 8 February 2021 was     a public holiday because of Waitangi Day.

[3]        Mr Moss notes that the first call of the liquidation proceeding is not until     11 March 2021.

[4]        Mr Moss seeks an interim order restraining advertising until the application to restrain advertising can be dealt with.

[5]        I have not, in the limited time available to me to consider this application, been able to review the merits of the application. However, the submission that a brief “holding” order be made to restrain advertising until a telephone conference can take place next week has merit. Mr Moss advises that he is arranging for service of the application on counsel for the plaintiff, Ms McKenzie of Preston Russell Law.

[6]        Accordingly, there is an interim order restraining the plaintiff from advertising the liquidation application that is filed in respect of Homeco Limited until further order of the Court.

[7]        As I have said, that interim order is made purely on an interim holding basis and the fact that it has been made should not be taken as indicating anything about the merits of the application one way or the other. This is because the interim order is being put in place purely to hold matters and I have not had a chance to review the lengthy affidavit filed in support of the application.

[8]        That said, the plaintiff is entitled to have the matter brought before the Court as soon as possible.

[9]        There will be  a  telephone  conference  before  me  at  2.15pm  on  Friday  19 February 2021.

[10]If the application is opposed, papers in opposition should be filed by that time.

[11]      I will then timetable the hearing of the application to restrain advertising proper.

Associate Judge Lester

Solicitors:
Preston Russell Law, Invercargill

Rhodes & Co, Christchurch
Copy to counsel: J Moss, Barrister, Christchurch