Waterford Press Limited v Dounsix Systems Limited HC Christchurch CIV 2010 409 002973

[2010] NZHC 1679

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV 2009 409 002973

BETWEEN  WATERFORD PRESS LIMITED Applicant

ANDDOUNSIX SYSTEMS LIMITED Respondent

Hearing:         26 April 2010

Appearances: L M Dickson for Applicant

C R D Williams for Respondent

Judgment:      30 April 2010

SUPPLEMENTARY JUDGMENT OF ASSOCIATE JUDGE OSBORNE As to application to set aside a statutory demand

[1]      The Court gave a judgment in this proceeding on 28 April 2010.  Pursuant to paragraphs [52] and [53] of that judgment counsel have now filed a consent memorandum which reads:

1.The Applicant and Respondent hereby accept the Courts assistance of a settlement conference at 10.30am 30 April 2010 for two and a half hours being convened by Associate Judge Osborne as offered in his judgment of 28 April 2008 at paragraph [52].

2.The Applicant and Respondent consent to Associate Judge Osborne pronouncing formal judgment but staying the effect of those orders as set out in the said judgment for a period which enables the parties to attend the settlement conference.

[2]      I order:

(a)       That the statutory demand issued by Dounsix Systems Limited on

2 December 2009 be set aside.

WATERFORD PRESS LIMITED V DOUNSIX SYSTEMS LIMITED HC CHCH CIV 2009 409 002973  30

April 2010

(b)That the applicant pay to the respondent the costs of the application on a 2B basis, subject to a reduction on item 4.14 to one quarter day only, together with disbursements to be fixed by the Registrar.

(c)A stay of the entry of the judgment to 10am 3 May 2010, with leave to  apply  for  a  further  stay  only  if  a  settlement  negotiation  is

proceeding but has not concluded.

Solicitors

Malley & Co., Christchurch
Patient & Williams, Christchurch