THE COMMISSIONER OF INLAND REVENUE V CENTURY CITY INVESTMENTS LIMITED HC WN CIV-2010-485-2087
Because the tax debt that founded the liquidation application had been paid, the basis for the application ceased and the Court granted the Commissioner leave to withdraw the proceeding and awarded costs to the Commissioner on a category 2B basis with disbursements fixed by the Registrar.
Source-derived case information.
- Citation
- openlaw-ed500fdd_02a3_44cf_8271_962df4a266ec.pdf
- Parties
- Plaintiff: Commissioner of Inland Revenue; Defendant: Century City Investments Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 April 2011
- Procedural Posture
- Company Liquidation Application Under Companies Act 1993 / Application Hearing; Withdrawal Granted
- Outcome
- Leave granted to plaintiff to withdraw proceeding; liquidation application discontinued.
- Legal Topics
- Liquidation, Withdrawal of Proceeding, Costs, Tax Debt Repayment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner of Inland Revenue
Plaintiff
Century City Investments Limited
Defendant
Procedural Posture
Company Liquidation Application Under Companies Act 1993 / Application Hearing; Withdrawal Granted
Legal Issues
- 1 Whether the defendant company should be placed into liquidation
- 2 Whether the plaintiff should be granted leave to withdraw the liquidation proceeding
- 3 Allocation and quantum of costs
Ratio Decidendi
Because the tax debt that founded the liquidation application had been paid, the basis for the application ceased and the Court granted the Commissioner leave to withdraw the proceeding and awarded costs to the Commissioner on a category 2B basis with disbursements fixed by the Registrar.
Court Disposition
Leave granted to plaintiff to withdraw proceeding; liquidation application discontinued.
Orders
- Leave granted to the Commissioner to withdraw this proceeding
- Costs awarded to the plaintiff against the defendant on a category 2B basis
Full Case Text
Judgment text and source record
1 paragraphs
THE COMMISSIONER OF INLAND REVENUE V CENTURY CITY INVESTMENTS LIMITED HC WN CIV-2010-485-2087 19 April 2011IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2010-485-2087IN THE MATTER OF the Companies Act 1993BETWEEN THE COMMISSIONER OF INLANDREVENUEPlaintiffAND CENTURY CITY INVESTMENTSLIMITEDDefendantHearing: 19 April 2011(Heard at Wellington)Counsel: Y. Meng - Solicitor for PlaintiffJ. Toebes - Solicitor for DefendantJudgment: 19 April 2011ORAL JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALLSolicitors: Inland Revenue Department, PO Box 1462, WellingtonJ.T. Law, Solicitors, PO Box 25443, Wellington[1] Before the Court is an application by the plaintiff to place the defendant company into liquidation.[2] This is the seventh call of this matter.[3] Finally today Mr Meng, counsel for the plaintiff Commissioner indicated that the debt owing to the Commissioner by the defendant had been paid in full although costs were still to be determined.[4] That said Mr Meng for the Commissioner sought leave to withdraw this proceeding.[5] Given that the total debt owing by this defendant company has now been paid to the Commissioner the basis for the present application falls away.[6] That said an order is now made granting leave to the plaintiff Commissioner to withdraw this proceeding.[7] Costs, however, are awarded to the plaintiff against the defendant on a category 2B basis together with disbursements as fixed by the Registrar.[8] Counsel may file memoranda sequentially regarding this issue of costs and these memoranda are to be referred to me. In the absence of either party indicating they wish to be heard on the question of costs I will decide that issue based upon the material before the Court.'Associate Judge D.I. Gendall'