RAYMOND GORDON BURGESS AND CRAIG ANDREW YOUNG V THE RAINDANCE COMPANY NEW ZEALAND LIMITED HC AK CIV 2012-404-003954

RAYMOND GORDON BURGESS AND CRAIG ANDREW YOUNG V THE RAINDANCE COMPANY NEW ZEALAND LIMITED HC AK CIV 2012-404-003954

The notice of opposition filed by the director without being filed through a solicitor constituted an irregularity rather than an absolute nullity and could be cured; the Court will extend time for Raindance to file and serve a valid notice of opposition through a solicitor by 31 May 2013, re‑list the application for 19 June 2013, and award the liquidators wasted costs for the earlier appearances.

Citation
openlaw-616d624b_9dbe_4549_a897_3e9a0abfe863.pdf
Parties
Applicant (liquidator): Raymond Gordon Burgess; Applicant (liquidator): Craig Andrew Young; Respondent (company): The Raindance Company New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 May 2013
Procedural Posture
Companies Act 1993 Liquidation and Voidable Transactions / Interim Application to Set Aside Transactions; Directions and Re Listing After Irregular Opposition
Outcome
Notice of opposition held to be an irregularity curable by filing a valid notice through a solicitor; time extended and matter re‑listed; costs for wasted appearances ordered to be paid by Raindance
Legal Topics
Voidable Transactions, Liquidation, Representation of Companies, Filing of Court Documents, Costs
Company Law Insolvency Law Civil Procedure Voidable Transactions Liquidation Representation of Companies Filing of Court Documents Costs

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Parties

Raymond Gordon Burgess

Applicant (liquidator)

Craig Andrew Young

Applicant (liquidator)

The Raindance Company New Zealand Limited

Respondent (company)

Procedural Posture

Companies Act 1993 Liquidation and Voidable Transactions / Interim Application to Set Aside Transactions; Directions and Re Listing After Irregular Opposition

Legal Issues

  1. 1 Whether a notice of opposition filed by a director without a solicitor is valid
  2. 2 Whether such filing is a nullity or an irregularity capable of being cured
  3. 3 Whether the Court should exercise its discretion to extend time to cure and allow non‑solicitor representation

Ratio Decidendi

The notice of opposition filed by the director without being filed through a solicitor constituted an irregularity rather than an absolute nullity and could be cured; the Court will extend time for Raindance to file and serve a valid notice of opposition through a solicitor by 31 May 2013, re‑list the application for 19 June 2013, and award the liquidators wasted costs for the earlier appearances.

Court Disposition

Notice of opposition held to be an irregularity curable by filing a valid notice through a solicitor; time extended and matter re‑listed; costs for wasted appearances ordered to be paid by Raindance

Orders

  • Application re‑listed for further call at 11.45am on 19 June 2013
  • Time for Raindance to file and serve a valid notice of opposition extended to 31 May 2013