RE NEW EZIBUY LIMITED AND ORS [2023] NZHC 1015
The Court granted the administrators' without-notice application because extending the convening period to 18 July 2023 and exempting administrators from personal liability for specified 'other payments' under leases is necessary and proportionate to enable continued trading under the moratorium, facilitate orderly...
Source-derived case information.
- Citation
- [2023] NZHC 1015
- Parties
- Company (subject): New Ezibuy Limited; Company (subject): Ezibuy Custodian Limited; Company (subject): Ezibuy Holdings Limited; Company (subject): Ezibuy Limited; Company (subject): Ezibuy Operations Limited; Company (subject): Last Stop Shop Limited; Company (subject): Sara Apparel Limited; Applicant (administrator): Damien Mark Hodgkinson; Applicant (administrator): Katherine Elizabeth Barnet
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 May 2023
- Procedural Posture
- Application Under Companies Act 1993 (part 15 a Voluntary Administration) / Interim Without Notice Application for Extension of Convening Period and Exemption From Administrator Liability
- Outcome
- Application granted
- Legal Topics
- Voluntary Administration, Extension of Convening Period S239 at, Administrator Liability S239 ADI and Exemption S239 ADK, Lease Make Good Liabilities, Without Notice Relief and Service to Creditors
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
New Ezibuy Limited
Company (subject)
Ezibuy Custodian Limited
Company (subject)
Ezibuy Holdings Limited
Company (subject)
Ezibuy Limited
Company (subject)
Ezibuy Operations Limited
Company (subject)
Last Stop Shop Limited
Company (subject)
Sara Apparel Limited
Company (subject)
Damien Mark Hodgkinson
Applicant (administrator)
Katherine Elizabeth Barnet
Applicant (administrator)
Procedural Posture
Application Under Companies Act 1993 (part 15 a Voluntary Administration) / Interim Without Notice Application for Extension of Convening Period and Exemption From Administrator Liability
Legal Issues
- 1 Whether the convening period under s239AT(3) should be extended to permit further investigation and sale processes
- 2 Whether the Court should exempt administrators from personal liability for 'other payments' (make-good and end-of-lease liabilities) under s239ADK
- 3 Whether orders may be made without notice and the appropriate method of giving subsequent notice to creditors
Ratio Decidendi
The Court granted the administrators' without-notice application because extending the convening period to 18 July 2023 and exempting administrators from personal liability for specified 'other payments' under leases is necessary and proportionate to enable continued trading under the moratorium, facilitate orderly realisation and potential sale or deed of arrangement proposals, and thereby maximise returns to creditors; the relief is consistent with the objects of Part 15A and comparable authority (including Re TM Lewin).
Court Disposition
Application granted
Orders
- Applicants granted leave to bring the application without notice
- Notice of the application and a copy of these orders to be served on all known creditors of the Ezibuy Group by email where an email address is available, or by post where no email is available, and by posting on Olvera Advisors Pty Ltd website
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment