FEATHER v THE REGISTRAR OF COMPANIES [2023] NZHC 2630
By consent the Court ordered Graeme Feather Limited restored to the Companies Register, appointed Iain Andrew Nellies as replacement liquidator effective upon restoration, and approved the liquidator's fees; leave was reserved for consequential orders.
Source-derived case information.
- Citation
- [2023] NZHC 2630
- Parties
- Applicants: Graeme Alan Feather and Vivienne Marie Feather; Respondent: Registrar of Companies
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 September 2023
- Procedural Posture
- Application Under Section 329 of the Companies Act 1993 to Restore a Company to the Companies Register / Consent Judgment (on the Papers) Ordering Restoration and Appointment of Liquidator
- Outcome
- Order made restoring Graeme Feather Limited to the Companies Register; appointment of Iain Andrew Nellies as liquidator effective on restoration; approval of the liquidator's fees; leave reserved for consequential orders.
- Legal Topics
- Restoration to Register, Liquidation, Appointment of Liquidator, Approval of Liquidator Fees, Consent Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Graeme Alan Feather and Vivienne Marie Feather
Applicants
Registrar of Companies
Respondent
Procedural Posture
Application Under Section 329 of the Companies Act 1993 to Restore a Company to the Companies Register / Consent Judgment (on the Papers) Ordering Restoration and Appointment of Liquidator
Legal Issues
- 1 Whether Graeme Feather Limited should be reinstated to the Companies Register under s329 of the Companies Act 1993
- 2 Whether a replacement liquidator should be appointed upon restoration where the company was in liquidation when removed from the Register
- 3 Whether the proposed liquidator's fees should be approved
Ratio Decidendi
By consent the Court ordered Graeme Feather Limited restored to the Companies Register, appointed Iain Andrew Nellies as replacement liquidator effective upon restoration, and approved the liquidator's fees; leave was reserved for consequential orders.
Court Disposition
Order made restoring Graeme Feather Limited to the Companies Register; appointment of Iain Andrew Nellies as liquidator effective on restoration; approval of the liquidator's fees; leave reserved for consequential orders.
Orders
- Leave granted to the applicants to apply for an order that Graeme Feather Limited is to be reinstated to the New Zealand Companies Register
- Graeme Feather Limited is reinstated to the Companies Register
Full Case Text
Judgment text and source record
1 paragraphs
FEATHER v THE REGISTRAR OF COMPANIES [2023] NZHC 2630 [20 September 2023]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2023-409-251[2023] NZHC 2630IN THE MATTER of an application pursuant to section 329 ofthe Companies Act 1993BETWEEN GRAEME ALAN FEATHER andVIVIENNE MARIE FEATHERApplicantsAND THE REGISTRAR OF COMPANIESRespondentHearing: (On the papers)Counsel: B G Walker for the ApplicantsG S Caro for the RespondentJudgment: 20 September 2023JUDGMENT OF ASSOCIATE JUDGE LESTER(Consent Judgment)[1] In this proceeding, the applicants (Mr and Mrs Feather), seek to have GraemeFeather Limited reinstated to the Companies Register. Counsel have liaised as to thelegal basis of the application and filed a consent memorandum seeking orders in termsof the amended originating application filed on 13 September 2023.[2] When the consent memorandum was referred to me, I issued a Minuterecording my view that when Graeme Feather Ltd was restored to the Register,a replacement liquidator should be appointed in order to take up the office ofliquidator. The company was in liquidation when removed from the Register so uponrestoration, the company will be in liquidation.[3] Mr Walker, counsel for the applicants, has filed the consent of an experiencedliquidator, Mr I A Nellies, who is known to the Court.[4] With that consent now to hand, there is no reason to not act on the jointmemorandum of counsel dated 13 September 2023 recording that an order restoringGraeme Feather Ltd to the Register can be made by consent.[5] Accordingly, I make the following orders:(a) There is leave to the applicants to apply for an order that GraemeFeather Limited is to be reinstated to the New Zealand CompaniesRegister.(b) There is an order that Graeme Feather Limited is reinstated to theCompanies Register.(c) There is an order appointing Mr Iain Andrew Nellies of Dunedin asliquidator of Graeme Feather Limited, that appointment to take effectupon the company being restored to the Register.(d) Mr Nellies fees, as set out in this consent of 14 September 2023, areapproved.[6] Leave is reserved to the applicants and the liquidator to apply for anyconsequential orders that are required._______________________________Associate Judge LesterSolicitors:Trollope & Co, Christchurch (for Applicants)G S Caro, Ministry of Business, Innovation & Employment, Auckland (for Respondent)Copy to counsel:B G Walker, Barrister, Christchurch