New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Standing to apply for restoration

Legal area

Court

3 Mar 2020

FIRST NZ PROPERTIES LIMITED v Registrar of Companies and Barnes [2020] NZHC 359

Citation

[2020] NZHC 359
Court

High Court

The court restored Inlandia Ltd because the applicants had an undischarged creditor claim arising from the company's receipt of misappropriated funds, giving them standing under s329; the opposition lacked a legitimate interest sufficient to defeat restoration and the sole director's non‑residence did not justify denying restoration. The restoration is ordered subject to the procedural requirement of notifying the Secretary of the Treasury.
10 Feb 2012

ALBACORE FISHERIES LIMITED V SUNSAI LIMITED HC WN CIV-2010-485-2395

Citation

openlaw-84e2ed99_6dcc_4f75_a538_9843728bc3e5.pdf
Court

High Court

Albacore had standing as holder of an undischarged claim arising before Sunsai's removal; s 329(4) confers a broad power to place parties as if the company had not been removed including stopping limitation periods and Companies Act time limits for voidable transactions for the period of removal; Albacore had been reasonably diligent and the application was not nugatory, so the court exercised its discretion to restore Sunsai and to stop time running under the Limitation Act and ss 292, 297 and 298 from 27 November 2009 until restoration.