THE COMMISSIONER OF INLAND REVENUE V MOTIVATION (NZ) LIMITED HC GRY CIV-2006-418-000110

THE COMMISSIONER OF INLAND REVENUE V MOTIVATION (NZ) LIMITED HC GRY CIV-2006-418- 000110 29 May 2007IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY CIV-2006-418-000110UNDER the Companies Act 1993 BETWEEN THE COMMISSIONER OF INLAND REVENUE Plaintiff AND MOTIVATION (NZ) LIMITED Defendant Hearing: 29 May 2007 Appearances: A G Whitcombe for Plaintiff H Martin appears In Person for Defendant Judgment: 29 May 2007ORAL JUDGMENT OF ASSOCIATE JUDGE D I GENDALL[1] Before me is an application to place the defendant company into liquidation. [2] The application was brought by the plaintiff on 3 August 2006. According to the plaintiff's statement of claim, the amount outstanding from the defendant is $8904.70 for GST assessments penalties and interest outstanding for some time. [3] This proceeding has been adjourned three times since August 2006. [4] At the last call of this matter on 13 March 2007 it was noted that the adjournment until today was to be a final adjournment.[5] Mr Martin, a director of the defendant company, appeared for the company today. He opposed any order for liquidation. [6] As I understand the position, similar considerations apply with respect to this defendant company to those that apply to the related company, The Chalet Arthurs Pass Limited, which was placed into liquidation earlier today. [7] It seems that extensive negotiations have been taking place in an endeavour to reach some settlement of the amount outstanding to the plaintiff in this matter. [8] Notwithstanding that, Mr Martin today confirmed to me that the defendant company effectively has no assets. [9] It also appeared that there was no dispute on the part of the defendant that the debt claimed by the plaintiff was outstanding. [10] That said, there appears to be no other conclusion to be reached but that the defendant company here is insolvent. [11] That said, and despite Mr Martin's opposition to the order sought, I am satisfied there appears little alternative but for an order for liquidation to be made. [12] Accordingly the following orders are now made: i) The defendant company Motivation (NZ) Limited is now placed into liquidation. ii) Paul William Gerard Jenkins and Iain Andrew Nellies are appointed liquidators. iii) Costs are awarded to the plaintiff on a category 2B basis, together with disbursements as fixed by the Registrar.[13] This order is timed at 10.33 a.m. ________________________Associate Judge D I GendallSolicitors: Crown Solicitor, Invercargill H Martin, Arthurs Pass