Rudge (formerly Ma) v Shed 21 Investments Limited (in liquidation)

[2017] NZHC 1595

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2017-404-001336 [2017] NZHC 1595

UNDER

the Land Transfer Act 1952

BETWEEN

JING RUDGE (FORMERLY MA) AND WANYU LIU AS TRUSTEES OF THE LIU AND LI FAMILY TRUST Applicants

AND

SHED 21 INVESTMENTS LIMITED (IN LIQ)

Respondent

Hearing:	11 July 2017
Appearances:	C Choi for Applicants No appearance for Respondent
Judgment:	11 July 2017

ORAL JUDGMENT OF VENNING J

Solicitors:           K3 Legal Ltd, Auckland

Copy to:            Liquidators for Respondent (S Lawrence)

RUDGE  & ANOR v SHED 21 INVESTMENTS LIMITED (IN LIQ) [2017] NZHC 1595 [11 July 2017]

[1]      This is an application to remove a caveat from a title. It has a rather long background to it.   The first caveat was initially registered in April 2005.   Orders were made in June 2005 that the caveat not lapse conditional on the respondent prosecuting District Court proceedings with due diligence.  Apart from issuing the proceedings the respondent has taken no steps for the last 12 years to prosecute those proceedings.

[2]      I am satisfied that on the basis of the information before the Court the caveat should be lapsed and removed from the title.   A complicating factor is that the respondent company was removed from the register.  It was restored to the register for the purpose of this application.  It is now in liquidation.  The liquidators consent to the proceedings being commenced and continued against the company in liquidation.

[3]      In the circumstances there will be an order that the caveat described in the application be removed from the title of property known as Unit 54, 32 Edwin Street,

Mt Eden, Auckland, Certificate of Title identifier NA 135A/641 North Auckland.

Venning J