Official Assignee v MWA Consultants Limited (Company 5185761)

[2017] NZHC 3054

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2016-409-001137 [2017] NZHC 3054

BETWEEN

THE OFFICIAL ASSIGNEE

Applicant

AND

MWA CONSULTANTS LIMITED (COMPANY 5185761)

First Respondent

AND

LATIMER TRUSTEES LIMITED (COMPANY 5181241), FORMERLY MWA TRUSTEES LIMITED

Second Respondent

AND

MWA TRUSTEES LIMITED (COMPANY 1535906) (in liq), FORMERLY LATIMER TRUSTEES LIMITED

Third Respondent

Hearing:	On the papers
Counsel:	G Slevin for the Applicant M Withers for the First, Second and Third Respondents
Judgment:	8 December 2017

JUDGMENT OF NATION J

[1]      In my judgment of 15 November 2017, I reserved leave to the applicant to

continue with the proceedings against the third respondent, now in liquidation.

THE OFFICIAL ASSIGNEE v MWA CONSULTANTS LTD [2017] NZHC 3054 [8 December 2017]

[2]      By memorandum of 16 November 2017, counsel for the Official Assignee sought leave to continue with the proceedings and indicated this was being consented to by the third respondent.  I required a memorandum to be filed by counsel for the liquidator confirming this consent.

[3]      By a memorandum of 28 November 2017, Mr van Schreven, as solicitor for the third respondent, has consented to the making of the order sought by the applicant that the third respondent must pay $40,496.81 to the applicant under s 207 Insolvency Act 2006.

[4]      With  that  consent,  I  grant  leave  to  the  applicant  to  continue  with  the proceedings against the third respondent.   In accordance with my judgment of 15

November 2017 and with the consent of the third respondent, I make an order that the third respondent pay to the applicant the sum of $40,496.81.  I make no order as to costs as between the applicant and the third respondent.

Solicitors: G E Slevin

Copy to: Mr Withers.