White v Campbell

[2013] NZHC 1231

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2012-470-637 [2013] NZHC 1231

BETWEEN  ANTHONY JOSEPH WHITE & ORS Plaintiff

ANDEWAN MICHAEL CAMPBELL & ORS Defendant

CIV-2013-470-220

BETWEEN  ANTHONY JOSEPH WHITE & ORS Plaintiff

ANDREGISTRAR OF COMPANIES Defendant

Hearing:                   24 May 2013

Appearances:           Ms Brown for applicants in CIV-2013-470-220 and for plaintiffs in CIV-2012-470-637

Judgment:                24 May 2013

ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE

WHITE & ORS v CAMPBELL & ORS [2013] NZHC 1231 [24 May 2013]

[1]      The first  matter  is  the  application  under CIV-2013-470-220  for  an  order restoring the company to the Register pursuant to s 329 of the Companies Act 1993. I am satisfied that such an order ought to be made and I grant the application.

[2]      With respect to CIV-2012-470- 637 the plaintiff holds judgment against the defendants in the sum of $67,089.29 and seeks to enforce judgment for that amount plus accrued interests and costs for $95,771.38 against two properties which for convenience I shall refer to as Title 134160 and Title 115137.  Application has been made for leave pursuant to r 17.9 for leave to issue enforcement processes.  I do not apprehend that any leave is required.  I will not make an order on the application but I will not dismiss it at this point.  As I see it, the plaintiffs have the right to proceed with their charging order but I reserve leave to them to seek further directions from the Court should that be necessary.

[3]      I reserve issues of costs in CIV-2013-470-220.

J.P. Doogue

Associate Judge