HECKLER V THE REGISTRAR OF COMPANIES HC PMN CIV-2008-454-542
Having received a further affidavit properly intituled and confirming service in accordance with directions, the court was satisfied to order restoration of Humphries Construction Limited under s 329; no order for costs was made against a non-party because no basis was provided, though such costs may be recoverable...
Source-derived case information.
- Citation
- openlaw-9b834d49_8da6_4446_9202_3e042ec054b7.pdf
- Parties
- Plaintiff: Rosalie Joan Heckler; Defendant: The Registrar of Companies
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 April 2009
- Procedural Posture
- Company Restoration / On Papers; Judgment
- Outcome
- Humphries Construction Limited restored to the New Zealand Register of Companies; no costs order made against a non-party.
- Legal Topics
- Company Restoration, Costs, Service of Documents
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosalie Joan Heckler
Plaintiff
The Registrar of Companies
Defendant
Procedural Posture
Company Restoration / On Papers; Judgment
Legal Issues
- 1 Whether Humphries Construction Limited should be restored under s 329 of the Companies Act 1993
- 2 Whether costs can be ordered against a non-party or against a company once restored
- 3 Whether directions as to service had been complied with
Ratio Decidendi
Having received a further affidavit properly intituled and confirming service in accordance with directions, the court was satisfied to order restoration of Humphries Construction Limited under s 329; no order for costs was made against a non-party because no basis was provided, though such costs may be recoverable as disbursements in related proceedings.
Court Disposition
Humphries Construction Limited restored to the New Zealand Register of Companies; no costs order made against a non-party.
Orders
- Humphries Construction Limited is restored to the New Zealand Register of Companies pursuant to s 329 of the Companies Act 1993.
- No order for costs against Humphries Construction Limited at this stage; court is not prepared to order costs against a non-party but notes costs may be claimed as disbursements in related proceedings.
Full Case Text
Judgment text and source record
1 paragraphs
HECKLER V THE REGISTRAR OF COMPANIES HC PMN CIV-2008-454-542 8 April 2009IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY CIV-2008-454-542BETWEEN ROSALIE JOAN HECKLER Plaintiff AND THE REGISTRAR OF COMPANIES Defendant On papers Judgment: 8 April 2009JUDGMENT OF DOBSON J[1] Certain directions affecting these proceedings, so far as they related to an application for restoration of a company, were reflected in the judgment of Ronald Young J dated 19 November 2008. [2] Concerns at non-compliance with those directions were raised by a Minute of mine on 24 March 2009. Since that time, a further affidavit of service, correctly intituled and confirming service of the appropriate proceedings on those directed to be served, has been filed. [3] In those circumstances, the plaintiff is entitled to an order that Humphries Construction Limited be restored to the New Zealand Register of Companies pursuant to s 329 of the Companies Act 1993, and I so order. [4] The Memorandum of Counsel for the plaintiff dated 14 November 2008 also sought an order that the plaintiff's costs and disbursements be ordered against Humphries Construction Limited, once it is restored. My 24 March 2009 Minute invited clarification as to the basis on which such an order could or should be made.None has been provided. I am not prepared to order costs against a non-party but recognise that costs reasonably incurred in having Humphries Construction Limited restored to the Register, when that step is a necessary part in other proceedings commenced by the plaintiff against that company, does give rise to the prospect of claiming such costs as a disbursement in those proceedings.Dobson JSolicitors: Guy & Toby Manktelow, Lower Hutt for plaintiff