PM MASSON AS ADMINISTRATOR OF THE ESTATE OF BJ LOY AND SM LOY V BARLOY ENTERPRISES LIMITED HC AK CIV 2009-404-5243

PM MASSON AS ADMINISTRATOR OF THE ESTATE OF BJ LOY AND SM LOY V BARLOY ENTERPRISES LIMITED HC AK CIV 2009-404-5243

The applicant, as personal representative and person aggrieved under s91, is entitled to rectification of the share registers; the Court may order entries be made in a new blank share register where no extant register exists; accordingly the registers of both respondent companies are to be rectified to record the applicant as holder of the specified shares.

Citation
openlaw-74b4cd73_2726_4288_bdd5_74bbd36d0320.pdf
Parties
Applicant (administrator of Estates): Pamela Mary Masson as Administrator of the deceased estate of Barry James Loy and of Sharon Mary Loy; Respondent (company): Barloy Enterprises Limited; Respondent (company): Whitehills Property Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 September 2009
Procedural Posture
Companies Act S91 Rectification of Share Register / Final Judgment (23 September 2009)
Outcome
Applications granted
Legal Topics
Rectification of Share Register, Personal Representative Rights, Shareholder Registration, Lost or Absent Share Register
Companies Law Succession and Estates Civil Procedure Rectification of Share Register Personal Representative Rights Shareholder Registration Lost or Absent Share Register

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Parties

Pamela Mary Masson as Administrator of the deceased estate of Barry James Loy and of Sharon Mary Loy

Applicant (administrator of Estates)

Barloy Enterprises Limited

Respondent (company)

Whitehills Property Limited

Respondent (company)

Procedural Posture

Companies Act S91 Rectification of Share Register / Final Judgment (23 September 2009)

Legal Issues

  1. 1 Whether the applicant as personal representative is a person aggrieved entitled to apply under s91
  2. 2 Whether the Court may rectify share registers where no extant register exists
  3. 3 Whether the applicant is entitled to be registered as shareholder of the deceased shareholders' shares

Ratio Decidendi

The applicant, as personal representative and person aggrieved under s91, is entitled to rectification of the share registers; the Court may order entries be made in a new blank share register where no extant register exists; accordingly the registers of both respondent companies are to be rectified to record the applicant as holder of the specified shares.

Court Disposition

Applications granted

Orders

  • Rectify the share register of Barloy Enterprises Limited by making appropriate entries in a new blank register of shareholders recording Pamela Mary Masson as the holder of the shares as set out in appendix A to the judgment
  • Rectify the share register of Whitehills Property Limited by making appropriate entries in a new blank register of shareholders recording Pamela Mary Masson as the holder of the shares as set out in appendix B to the judgment