DANIEL MCMURRAY BRIZZLE, SHARON PATRICIA BRIZZLE, JANET ANN BROWN, REGINALD HARVEY BROWN V THE REGISTRAR OF COMPANIES HC PMN CIV 2008-454-753
Because the company remained the registered proprietor of land and there was no opposition from the Secretary to the Treasury or the Registrar, the Court exercised its statutory power under section 336(7) of the Companies Act 1955 to restore Levin Poultry Farm Limited to the Companies Register.
Source-derived case information.
- Citation
- openlaw-b84236d1_4d79_4327_9419_ac51a3fee30f.pdf
- Parties
- Applicant: Daniel McMurray Brizzle; Applicant: Sharon Patricia Brizzle; Applicant: Janet Ann Brown; Applicant: Reginald Harvey Brown; Respondent: The Registrar of Companies
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 February 2009
- Procedural Posture
- Restoration of Company to Companies Register Under Companies Act 1955 / Hearing on Papers / Judgment
- Outcome
- Company restored to the Companies Register
- Legal Topics
- Restoration to Companies Register, Removal From Register, Section 336(7) Companies Act 1955, Winding Up, Registered Proprietor of Land
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel McMurray Brizzle
Applicant
Sharon Patricia Brizzle
Applicant
Janet Ann Brown
Applicant
Reginald Harvey Brown
Applicant
The Registrar of Companies
Respondent
Procedural Posture
Restoration of Company to Companies Register Under Companies Act 1955 / Hearing on Papers / Judgment
Legal Issues
- 1 Whether Levin Poultry Farm Limited should be restored to the Companies Register under section 336(7) of the Companies Act 1955
- 2 Whether any opposition from public authorities or the Registrar should prevent restoration
Ratio Decidendi
Because the company remained the registered proprietor of land and there was no opposition from the Secretary to the Treasury or the Registrar, the Court exercised its statutory power under section 336(7) of the Companies Act 1955 to restore Levin Poultry Farm Limited to the Companies Register.
Court Disposition
Company restored to the Companies Register
Orders
- Levin Poultry Farm Limited is to be restored to the Companies Register.
Full Case Text
Judgment text and source record
1 paragraphs
DANIEL MCMURRAY BRIZZLE, SHARON PATRICIA BRIZZLE, JANET ANN BROWN, REGINALD HARVEY BROWN V THE REGISTRAR OF COMPANIES HC PMN CIV 2008-454-753 23 February 2009IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY CIV 2008-454-753UNDER section 336(7) of the Companies Act 1955 IN THE MATTER OF restoring a company, Levin Poultry Farm Limited, to the Companies Register BETWEEN DANIEL MCMURRAY BRIZZLE, SHARON PATRICIA BRIZZLE, JANET ANN BROWN, REGINALD HARVEY BROWN Applicants AND THE REGISTRAR OF COMPANIES Respondent Hearing: On Papers Counsel: D P O'Neill for Applicants Judgment: 23 February 2009JUDGMENT OF SIMON FRANCE J[1] This is an application to restore Levin Poultry Farm Limited to the Company Register. The Company was removed by the Registrar on 19 August 1993, it being believed that the Company was no longer operating. [2] It transpires that the Company remains the registered proprietor of a block of land. It is desired to return the Company to the Register so that the land can be sold. Thereafter the Company will be wound up. [3] There are on file responses from the Secretary to the Treasury, and the Registrar of Companies, both indicating there is no opposition to the application.[4] I have perused the file and all is in order. I accordingly make an order that the Company be restored to the Companies Register. ______________________ Simon France JSolicitors: D P O'Neill, Todd Whitehouse, PO Box 34, Levin, email: daniel@toddwhitehouse.co.nz