RIGHT POINT INVESTMENTS LIMITED (IN LIQUIDATION) AND ANOR V MOTTRAM HC AK CIV 2005-404-4224

RIGHT POINT INVESTMENTS LIMITED (IN LIQUIDATION) AND ANOR V MOTTRAM HC AK CIV 2005-404-4224

A liquidator's notice issued under s292 (as pleaded) must, when addressed to a natural person, be served in accordance with s391 of the Companies Act 1993 (i.e. as if serving a creditor or shareholder) because the High Court Rules do not prescribe methods of service for such notices which are not 'proceedings' under...

Source-derived case information.

Citation
openlaw-a8858e59_0d5e_4734_b2e7_fe73b2ccbd5b.pdf
Parties
First Plaintiff: Right Point Investments Limited (in liquidation); Second Plaintiff: Vivian Judith Fatupaito; Second Plaintiff: Richard Dale Agnew; Defendant: Royden Russell Mottram
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 April 2006
Procedural Posture
Companies Law (liquidation) / Interlocutory Application Concerning Service of Liquidator's Notice and Strike Out Application
Outcome
Application to strike out paragraph 38 dismissed; ruling that liquidator's notice to a natural person must be served under s391 of the Companies Act 1993
Legal Topics
Service of Process, Liquidator's Notice (s292/s294), Application of High Court Rules, Strike Out Under R186
Companies Law Insolvency Civil Procedure Service of Process Liquidator's Notice (s292/s294) Application of High Court Rules Strike Out Under R186

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Parties

Right Point Investments Limited (in liquidation)

First Plaintiff

Vivian Judith Fatupaito

Second Plaintiff

Richard Dale Agnew

Second Plaintiff

Royden Russell Mottram

Defendant

Procedural Posture

Companies Law (liquidation) / Interlocutory Application Concerning Service of Liquidator's Notice and Strike Out Application

Legal Issues

  1. 1 Whether a liquidator's notice under s292/s294 addressed to a natural person is a 'document in legal proceedings' for High Court Rules purposes
  2. 2 Whether the High Court Rules provide the method of service for such notices on natural persons
  3. 3 Whether paragraph 38 of the statement of claim should be struck out

Ratio Decidendi

A liquidator's notice issued under s292 (as pleaded) must, when addressed to a natural person, be served in accordance with s391 of the Companies Act 1993 (i.e. as if serving a creditor or shareholder) because the High Court Rules do not prescribe methods of service for such notices which are not 'proceedings' under the Rules; accordingly paragraph 38 of the statement of claim is not vulnerable to strike out on that basis.

Court Disposition

Application to strike out paragraph 38 dismissed; ruling that liquidator's notice to a natural person must be served under s391 of the Companies Act 1993

Orders

  • A notice issued by a liquidator pursuant to s292 of the Companies Act 1993 addressed to a natural person must be served in accordance with s391 of the Companies Act 1993
  • There is no basis for striking out paragraph 38 of the second amended statement of claim dated 5 April 2006