Tang v Sunbow Limited

[2019] NZHC 2716

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-1572

[2019] NZHC 2716

UNDER

The Companies Act 1993

BETWEEN

JINGQIU TANG

First Plaintiff

SUNBOW GROUP LIMITED
Second Plaintiff

SUNBOW INVESTMENT LIMITED
Third Plaintiff

AND

SUNBOW LIMITED

First Defendant

YING ZHONG

Second Defendant

On the papers

At Auckland

Appearances:

J Land and K Sun for the plaintiff

R Reed and A Manuson for the Defendants

Date of Judgment:

23 October 2019

Addendum:

23 October 2019

ADDENDUM TO JUDGMENT OF POWELL J

This judgment was delivered by me on 23 October 2019 at 4.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

TANG v SUNBOW LIMITED [2019] NZHC 2716 [23 October 2019]

[1]An “interim interim” judgment was issued on this matter this morning.

[2]        Counsel for the defendants has by email queried Appendix A and [6] of my judgment. As the parties are aware Appendix A was the wording adopted by the parties. Contrary to the submission made by counsel for the defendants Appendix A does not say the “order is to be in force up to 5 December 2019” it says the order is "to be in force up to after the next hearing on 5 December 2019”. As set out in [6] of the judgment I interpreted this phrase to mean the orders at Appendix A will therefore remain in force unless revoked (or indeed varied) on 4 December 2019, in contrast to the orders at Appendix B which will lapse unless extended on 4 December 2019, noting that the next hearing was set down for 4 rather than 5 December 2019.

[3]        There is accordingly no error or slip and to the extent that counsel for the defendants has applied for a recall of the judgment, that application is dismissed.

Powell J