NZF Money Limited (in receivership)

[2012] NZHC 2805

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-5600 [2012] NZHC 2805

UNDER  section 323 of the Companies Act 1993 and

Part 19 of the High Court Rules

IN THE MATTER OF     SEASIDE 2009 LIMITED, a duly incorporate company having its registered office at C/- Macky Roberton Limited, Level 1, 144 Parnell Road, Parnell, Auckland

AND

IN THE MATTER OF     an application by NZF MONEY LIMITED (IN RECEIVERSHIP), a duly incorporated company having its registered office at Level 16, 45 Queen Street, Auckland, Applicant

Hearing:         25 October 2012

Counsel:         J Marcetic for the Applicant

Judgment:      25 October 2012

JUDGMENT OF WOODHOUSE J

Solicitors:

Mr M Sumpter / Mr J Marcetic, Chapman Tripp, Solicitors, Auckland

RE NZF MONEY LTD HC AK CIV-2012-404-5600 [25 October 2012]

[1]      By originating application the applicant (NZF Money) seeks orders that the application proceed by originating application and that Seaside 2009 Ltd (Seaside) not be removed from the New Zealand Register of Companies.

[2]      The application was served on the Registrar of Companies on 18 September

2012.  No steps have been taken by or on behalf of the Registrar.

[3]      I  am  satisfied  that  this  application  should  proceed  as  an  originating application.  I am further satisfied that an order should be made that Seaside 2009

Ltd not be removed from the New Zealand Register of Companies.  The reasons for the substantive order  are that  the  grounds  under s 321(1)(a), (d) and  (f) of the Companies Act 1993 are established.  References may be made to Kentucky Fried Chicken (NZ) Ltd v Cowan Enterprises[1] and Westpac New Zealand Ltd v Registrar of Companies.[2]

[1] Kentucky Fried Chicken (NZ) Ltd v Cowan Enterprises (1992) 6 NZCLC 67,889 at 67,891.

[2] Westpac New Zealand Ltd v Registrar of Companies HC Auckland CIV-2011-404-004812, 7

September 2011, per Heath J.

[4]      There are orders accordingly.

Woodhouse J