23 Apr 2021
GARDINER v REGISTRAR OF COMPANIES [2021] NZHC 887
- Citation
- [2021] NZHC 887
- Court
- High Court
Restoration was ordered because it was just and equitable: applicant did not receive notice of removal due to his accountants' failure, the company had no creditors other than the applicant and its financial position had not changed, the applicant intended to use the company again and has taken steps to remedy compliance failures, there was a legitimate reason to restore (to seek benefit of overlooked tax losses), and there was no objection or public interest bar; the question of whether tax losses are available remains for tax statute procedures.