LOTT v TUATAPERE SALEYARDS CO LIMITED (IN LIQUIDATION) [2021] NZHC 2588 [29 September 2021]
Because the parties consented and leave had been reserved with reasons set out in the Court's earlier judgment of 6 August 2021, the Court ordered Tuatapere Saleyards Co Limited be placed into liquidation and appointed Mr Iain Nellies as liquidator, with the order timed to commence at 4:00 pm on 29 September 2021;...
Source-derived case information.
- Citation
- [2021] NZHC 2588
- Parties
- Plaintiff: Kelvin John Lott; Plaintiff: Leslie Edward Kollat; Defendant: Tuatapere Saleyards Co Limited (In Liquidation)
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 September 2021
- Procedural Posture
- Liquidation Application / Order Made (liquidation)
- Outcome
- Company placed into liquidation by consent; liquidator appointed; interlocutory conference vacated.
- Legal Topics
- Liquidation, Appointment of Liquidator, Consent Order, Case Management
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin John Lott
Plaintiff
Leslie Edward Kollat
Plaintiff
Tuatapere Saleyards Co Limited (In Liquidation)
Defendant
Procedural Posture
Liquidation Application / Order Made (liquidation)
Legal Issues
- 1 Whether the company should be placed into liquidation by consent
- 2 Appointment of a liquidator
- 3 Timing and commencement of the liquidation order
Ratio Decidendi
Because the parties consented and leave had been reserved with reasons set out in the Court's earlier judgment of 6 August 2021, the Court ordered Tuatapere Saleyards Co Limited be placed into liquidation and appointed Mr Iain Nellies as liquidator, with the order timed to commence at 4:00 pm on 29 September 2021; the scheduled telephone conference was vacated.
Court Disposition
Company placed into liquidation by consent; liquidator appointed; interlocutory conference vacated.
Orders
- Tuatapere Saleyards Co Limited is placed into liquidation by consent
- Order timed at 4.00 pm on Wednesday 29 September 2021
Full Case Text
Judgment text and source record
1 paragraphs
LOTT v TUATAPERE SALEYARDS CO LIMITED (IN LIQUIDATION) [2021] NZHC 2588[29 September 2021]IN THE HIGH COURT OF NEW ZEALANDINVERCARGILL REGISTRYI TE KŌTI MATUA O AOTEAROAWAIHŌPAI ROHECIV-2020-425-18[2021] NZHC 2588BETWEEN KELVIN JOHN LOTT and LESLIEEDWARD KOLLATPlaintiffsAND TUATAPERE SALEYARDS CO LIMITED(IN LIQUIDATION)DefendantHearing: On the papersCounsel: S N McKenzie for Liquidator of DefendantJudgment: 29 September 2021JUDGMENT OF ASSOCIATE JUDGE LESTER[1] By consent Tuatapere Saleyards Co Limited is placed into liquidation.[2] The order is timed at 4.00 pm on Wednesday 29 September 2021.[3] Mr Iain Nellies is appointed liquidator.[4] The liquidation is made pursuant to the leave reserved and for the reasons setout in my judgment of 6 August 2021.11 Lott and Kollat v Tuatapere Saleyards Co Ltd (in liq) [2021] NZHC 1995.[5] The telephone conference scheduled for 28 October 2021 is vacated._____________________________________Associate Judge LesterSolicitors:Preston Russell Law, InvercargillCopy to:Mr I Nellies, liquidator