THE COMMISSIONER OF INLAND REVENUE V CENTURY CITY HUNTER STREET LIMITED HC WN CIV-2010-485-2085

THE COMMISSIONER OF INLAND REVENUE V CENTURY CITY HUNTER STREET LIMITED HC WN CIV-2010-485-2085 10 March 2011IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2010-485-2085IN THE MATTER OF THE COMPANIES ACT 1993BETWEEN THE COMMISSIONER OF INLANDREVENUEPlaintiffAND CENTURY CITY HUNTER STREETLIMITEDDefendantCIV-2010-485-2087AND IN THE MATTER OF THE COMPANIES ACT 1993BETWEEN THE COMMISSIONER OF INLANDREVENUEPlaintiffAND CENTURY CITY INVESTMENTSLIMITEDDefendantCIV-2010-485-2088AND IN THE MATTER OF THE COMPANIES ACT 1993BETWEEN THE COMMISSIONER OF INLANDREVENUEPlaintiffAND CENTURY CITY FOOTBALL LIMITEDDefendantCIV-2010-485-2089AND IN THE MATTER OF THE COMPANIES ACT 1993BETWEEN THE COMMISSIONER OF INLANDREVENUEPlaintiffAND CENTURY CITY DEVELOPMENTSLIMITEDDefendantCIV-2010-485-2098AND IN THE MATTER OF THE COMPANIES ACT 1993BETWEEN THE COMMISSIONER OF INLANDREVENUEPlaintiffAND CENTURY CITY MANAGEMENTLIMITEDDefendantHearing: 10 March 2011(Heard at Wellington)Counsel: Y. Meng - Solicitor for PlaintiffJ. Toebes - Solicitor for DefendantD.S. Lester - Solicitor for ACC in supportJudgment: 10 March 2011ORAL JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALLCIV-2010-485-2098AND IN THE MATTER OF THE COMPANIES ACT 1993BETWEEN THE COMMISSIONER OF INLAND REVENUE PlaintiffAND CENTURY CITY MANAGEMENT LIMITEDDefendantSolicitors: Commissioner of Inland Revenue, PO Box 1462, WellingtonJT Law, Solicitors, PO Box 25443, WellingtonMaude & Miller, Solicitors, PO Box 50555, Porirua[1] Before me today Mr Toebes, counsel for the defendants made an oral application that each of these files be sealed. This application is made on the basis that he claimed they contained sensitive commercial information regarding financing and other matters concerning the defendant companies.[2] Mr Meng for The Commissioner of Inland Revenue and Ms Lester for the Accident Compensation Corporation indicated that they had no objection to such an order being made.[3] Notwithstanding this I have some concerns regarding the application which has been made.[4] These five proceedings are relatively high profile matters and have been the subject of substantial comment in the media to date.[5] In the sense it might be said "that the horse has bolted".[6] Notwithstanding this, there is clearly a critical issue of timing in so far as these defendant companies are concerned regarding the provision of what is said to be a large offshore loan to the Group to clear the various debts in question.[7] It is crucial that nothing untoward occurs to jeopardise that loan if indeed it is likely to be forthcoming.[8] That said, I am not, however, prepared to make a blanket order sealing each of the five files in question.[9] Instead I now order that within the next 1 hour period from 10.30 am today, 10 March 2011 I will consider all the material on each file and make an order sealing that material which I regard as confidential.[10] In other respects each of the files in question are not to be sealed.[11] One final matter was raised before me today, Mr Toebes in his submissions for the defendants indicated that he thought an earlier order had been made sealing these particular files. I cannot find any such order on any of the files. If indeed such an order was made, it now needs to be lifted. That said, I now make a further order lifting any particular order that may have been made earlier sealing these five files, subject to the matters I have noted above.'Associate Judge D.I. Gendall'