New Zealand Case Law: Decisions & Judgments

Topic

Registered office

Legal area

Court

17 Aug 2018

STELLARIA NZ LIMITED v WAERE DEVELOPMENTS LIMITED [2018] NZHC 2110

Citation

[2018] NZHC 2110
Court

High Court

The Court held service on 11 June 2018 was valid under s 387(1)(c) because the companies register ambiguously identified the registered office as being at the offices of RSM Accountants and documents were served at the firm's current offices (60 Highbrook Drive); therefore the shareholder appointment of Grant Reynolds on 26 June 2018 was outside the 10 working day period in s 241AA(2) and was void, entitling the creditor to a court-ordered liquidation and appointment of a new liquidator.
20 Jul 2012

GRANT BRUCE REYNOLDS V ASCOT ALUMINIUM LTD HC AK CIV 2012-404-001337

Citation

openlaw-7d6bf377_040f_49fe_a0a3_459172a93695.pdf
Court

High Court

The Court found service was valid because it was at the registered office shown on the Companies Register but ineffective because the premises were vacated; the application is not a nullity and the Court will exercise its discretion to allow procedural steps (re-service and case management directions) so the respondent can be given an opportunity to oppose, thereby avoiding miscarriage of justice.
29 Oct 2009

GOH V RIDGEVIEW PROPERTIES LIMITED (IN LIQUIDATION) AND ANOR HC AK CIV 2009-404-002749

Citation

openlaw-56a203ce_6953_4889_9027_4049002c5189.pdf
Court

High Court

Although the process server's evidence about service of the statutory demand was unreliable, the winding up proceedings were proved to have been duly served at the registered office; the applicant therefore could not obtain the order setting aside the winding up ex debito justitiae. The applicant's conduct did not justify indemnity costs, but the general rule that the unsuccessful party pays applies; accordingly respondents are entitled to costs on a 2B basis for both the leave and set aside applications with disbursements fixed by the registrar.

New Zealand Case Law

STELLARIA NZ LIMITED v WAERE DEVELOPMENTS LIMITED [2018] NZHC 2110

GRANT BRUCE REYNOLDS V ASCOT ALUMINIUM LTD HC AK CIV 2012-404-001337

GOH V RIDGEVIEW PROPERTIES LIMITED (IN LIQUIDATION) AND ANOR HC AK CIV 2009-404-002749