IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE
CIV-2021-406-13
[2022] NZHC 169
UNDER The Companies Act 1993 IN THE MATTER OF
The liquidation of PMT 2010 Limited (in liquidation)
BETWEEN
PMT 20210 LTD (in liquidation) First Plaintiff
MURRAY GEORGE ALLOTT, as liquidator of PMT 2010 LIMITED (IN
LIQUIDATION)
Second PlaintiffAND
PETER MARK AND JEANETTE PATRICIA MARK
First Defendant
WISHEART MACNAB & PARTNERS TRUSTEE COMPANY LIMITED AND DAVID JOHN PAUL AS TRUSTEES OF THE MARK FAMILY TRUST
Second Defendants
Hearing: 10 November 2021 Appearances:
D A Bleier for the Plaintiff
P A Morten for the Defendants
Judgment:
11 February 2022
JUDGMENT OF GRICE J
(Joinder of plaintiff and amended Statement of Claim)
PMT 20210 LTD v MARK [2022] NZHC 169 [11 February 2022]
Contents
Introduction [1] Background [8] Against Mr and Mrs Mark (the first defendants): [18](a) Against the Mark Family Trust as second defendants: [18](d) Issues [28] Joinder of liquidator [28] Limitation issues [29] Factual background [30] Issues [33] Joinder of liquidator as second plaintiff [33] First cause of action [41] Third cause of action [59] Application to join second plaintiff [77] Second cause of action [84] Exercise of discretion [106] Fourth cause of action [111] Conclusion [117] Costs [119] Next steps [122]
Introduction
[1] PMT 2000 Ltd (in liquidation) (PMT), the original plaintiff, applies to join Mr Allott, as an additional plaintiff. It also seeks leave to file an amended statement of claim now in draft dated 13 August 2021 (ASOC).1 The original claim was filed on 23 April 2021.
[2] The defendants oppose the applications. They have raised limitation issues in relation to the joinder and some of the causes of action in the ASOC.
[3] The plaintiff responds saying those causes of action are not statute-barred because the liquidator only became aware of the matters giving rise to the action in circumstances that amount to late knowledge. This extends the primary limitation period.
[4] In relation to the second cause of action a defence raised is that both the primary and long stop limitation periods have expired. The plaintiff says that under s 50 of the Limitation Act 2010 (the Act) that claim is ancillary to the claims made in the first and/or third causes of action. That effectively extends the limitation defence for the ancillary claim.
[5] The defendants also say that the second and third causes of action are “fresh”, having arisen since the filing of the original claim in April 2021. Therefore, the plaintiff must obtain leave to file the ASOC.
[6] There remain outstanding, but not for consideration here, applications for summary judgment and strike out brought by the defendants.2
[7] I approach the applications in a robust way in accordance with the overall objective of the High Court Rules 2016 to secure the just, speedy and inexpensive determination of the applications.3
1 The ASOC is technically a draft filed for the purposes of this application.
2 PMT (2010) Ltd v Mark
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- Case
- [2022] NZHC 169
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