21 Jul 2023
The court ordered restoration because Auckland Council had statutory standing as a party to legal proceedings under s329(2) and evidence established DDL Homes Limited was a party to proceedings at the time of removal, there was no opposition and the director consented; the court also exercised its discretion under s329(3) to require outstanding annual returns to be filed to prevent subsequent removal.
4 Apr 2022
Because NZ Water Purifier Ltd was a party to ongoing legal proceedings when it was removed from the Register and s329 authorises restoration in those circumstances, the Court ordered restoration; the procedural objections and claimed diplomatic immunity did not negate the statutory basis for restoration.
6 Oct 2021
Applicant had standing under s329(2)(a)(iii) and proved Eastzone Realty was a party to proceedings when removed; with consent from the Registrar and no objection from the Secretary to the Treasury or the removed company, the Court granted restoration under s329(1)(a)(ii)/(1)(a)(ii) and made ancillary orders for leave and Registrar compliance.
6 Oct 2021
Restoration ordered because although removal was valid at the time (company ceased trading, solvent, filings up to date), a material change of circumstances occurred (Crown offering property back) which made it just and equitable to restore Spirax; there were no creditors, no compliance failures, and the Registrar and Treasury raised no objection.
6 Oct 2021
Restoration ordered because removal resulted from inadvertent failure to file annual returns, remedial steps have been taken, PBT Investments continued to carry on business and generates rental income, there are no registered charges or secured creditors, and it is therefore just and equitable under s 329 to restore both companies with compliance to any Registrar requirements.
31 Jul 2020
The High Court restoration order took effect on 21 September 2018 and had interim legal effect; the Registrar acted incorrectly in deleting all record of that restoration, which constituted a removal from the register in fact; notwithstanding that error the Registrar was correct to refuse to give public notice and to refuse to process a s 328 restoration application because s 328(3) applies only where removal occurred under specified s 318 grounds and the applicants' attempt to rely on the quashed restoration to invoke s 328 was an improper collateral attack on the Court of Appeal's judgment…
8 Oct 2018
The Court ordered that CDZNT01 Limited not be removed from the Companies Register because the applicant, as a creditor with an undischarged claim, demonstrated a justified belief and commitment to fund recovery actions in respect of identified insolvent transactions, and cancellation of the liquidator's purported final report was necessary to allow further recovery and reporting.
7 Mar 2016
The applicant has demonstrated a legitimate and common creditor interest enabling representative proceedings; it is just and equitable to preserve the company's registration and to set aside the liquidator's final report temporarily to permit potential claims arising from an ongoing SFO investigation and thereby avoid prejudice and the risk of multiple liquidations; a limited six‑month stay appropriately balances the need to avoid indefinite limbo with the creditors' entitlement to pursue claims.
28 Apr 2015
The Court dismissed the objections to removal and the application to reverse the liquidator because the Official Assignee's decision not to pursue claims against Bowcorp was reasonable and bona fide given prior litigation establishing Bowcorp's entitlement, unquantified additional claims, security for costs and lack of company assets to fund litigation; the Court ordered disclosure of the creditors list under s256.
10 Aug 2012
Where a covenant recorded as an encumbrance has been fully performed, the parties or their successors no longer have enforceable rights and the court will extinguish the encumbrance under s317; service may be dispensed with where no interested party requires notice and the proceeding can fairly be determined on the papers.