KIJURINA AND ALBARRAN [2014] NZHC 115

KIJURINA AND ALBARRAN [2014] NZHC 115

The meaning of 'receiver' in s280(1)(c) of the Companies Act 1993 is limited, for court-appointed receivers, to receivers appointed by the High Court of New Zealand; a receiver appointed by a foreign court does not trigger disqualification under s280, therefore the applicants were not disqualified and their appointment as administrators was valid.

Citation
[2014] NZHC 115
Parties
Applicant Administrator: Brent Kijurina; Applicant Administrator: Richard Albarran; Debtor: Envirofocus Limited; Interested Party Creditor/shareholder: Featherston Resources Ltd; Interested Party Receiver and Manager: G. Woodgate
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 February 2014
Procedural Posture
Application for Ruling on Validity of Administrators' Appointment Under Companies Act 1993 S239 ADQ / Originating Application; Hearing and Judgment (10 February 2014)
Outcome
Applicants' appointment as administrators of Envirofocus Limited on 6 December 2013 confirmed as valid.
Legal Topics
Administrator Appointment, Disqualification of Administrators, Receivership, Validation of Appointment, Relief From Disqualification, Indemnification of Administrators
Company Law Insolvency Law Civil Procedure Administrator Appointment Disqualification of Administrators Receivership Validation of Appointment Relief From Disqualification +1 more

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Parties

Brent Kijurina

Applicant Administrator

Richard Albarran

Applicant Administrator

Envirofocus Limited

Debtor

Featherston Resources Ltd

Interested Party Creditor/shareholder

G. Woodgate

Interested Party Receiver and Manager

Procedural Posture

Application for Ruling on Validity of Administrators' Appointment Under Companies Act 1993 S239 ADQ / Originating Application; Hearing and Judgment (10 February 2014)

Legal Issues

  1. 1 Whether the applicants are disqualified under s239F and s280(1)(c) of the Companies Act 1993 by virtue of their appointment as receivers by a foreign court
  2. 2 Whether a receiver appointed by a foreign court falls within the meaning of 'receiver' in s280(1)(c)
  3. 3 Whether the Court should exercise its discretion to grant relief from disqualification under s239F(2) and validate administrators' actions under s239ADQ

Ratio Decidendi

The meaning of 'receiver' in s280(1)(c) of the Companies Act 1993 is limited, for court-appointed receivers, to receivers appointed by the High Court of New Zealand; a receiver appointed by a foreign court does not trigger disqualification under s280, therefore the applicants were not disqualified and their appointment as administrators was valid.

Court Disposition

Applicants' appointment as administrators of Envirofocus Limited on 6 December 2013 confirmed as valid.

Orders

  • Pursuant to s239ADQ of the Companies Act 1993 the applicants' appointment as administrators of Envirofocus Limited on 6 December 2013 is confirmed as valid.