KIRK v GOSCUT CONCRETE CUTTER LTD [2017] NZHC 1328

KIRK v GOSCUT CONCRETE CUTTER LTD [2017] NZHC 1328

The court ordered liquidation of Goscut Concrete Cutter Limited because the statutory demand under s289 was not complied with and there was no opposition; the court joined Goscut Concrete Cutter (2017) Limited but refused to make an order under s271(1)(a) because the 2017 company had not been given specific notice of that relief and a separate properly served application was required.

Citation
[2017] NZHC 1328
Parties
Plaintiff/applicant: Jessica Kirk; Defendant/respondent: Goscut Concrete Cutter Limited; Defendant (joined): Goscut Concrete Cutter (2017) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 June 2017
Procedural Posture
Application Under Companies Act 1993 for Liquidation and Related Orders / Interlocutory Judgment: Liquidation Order Made; Joinder Ordered; S271(1)(a) Application Deferred Pending Separate Service
Outcome
Order placing Goscut Concrete Cutter Limited into liquidation; Official Assignee of the Southern Region appointed as liquidator; Goscut Concrete Cutter (2017) Limited joined as defendant; s271(1)(a) order declined without separate application and service.
Legal Topics
Liquidation, Statutory Demand Non Compliance, Joinder, Section 271(1)(a) Contribution/order Against Related Company, Costs
Companies Law Insolvency Civil Procedure Liquidation Statutory Demand Non Compliance Joinder Section 271(1)(a) Contribution/order Against Related Company Costs

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Parties

Jessica Kirk

Plaintiff/applicant

Goscut Concrete Cutter Limited

Defendant/respondent

Goscut Concrete Cutter (2017) Limited

Defendant (joined)

Procedural Posture

Application Under Companies Act 1993 for Liquidation and Related Orders / Interlocutory Judgment: Liquidation Order Made; Joinder Ordered; S271(1)(a) Application Deferred Pending Separate Service

Legal Issues

  1. 1 Whether Goscut Concrete Cutter Limited should be placed into liquidation due to non-compliance with a statutory demand under s289 of the Companies Act 1993
  2. 2 Whether Goscut Concrete Cutter (2017) Limited should be joined and ordered under s271(1)(a) to pay claims to the liquidator
  3. 3 Whether adequate notice/service has been given for a s271(1)(a) application

Ratio Decidendi

The court ordered liquidation of Goscut Concrete Cutter Limited because the statutory demand under s289 was not complied with and there was no opposition; the court joined Goscut Concrete Cutter (2017) Limited but refused to make an order under s271(1)(a) because the 2017 company had not been given specific notice of that relief and a separate properly served application was required.

Court Disposition

Order placing Goscut Concrete Cutter Limited into liquidation; Official Assignee of the Southern Region appointed as liquidator; Goscut Concrete Cutter (2017) Limited joined as defendant; s271(1)(a) order declined without separate application and service.

Orders

  • Goscut Concrete Cutter Limited is placed into liquidation.
  • The Official Assignee of the Southern Region is appointed as liquidator of Goscut Concrete Cutter Limited.