McInnes v R [2012] NZHC 547 (26 November 2012)

Last Updated: 20 April 2012

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2010-453-878 [2012] NZHC 547

BETWEEN QUIGLEY'S TECHNICAL SERVICES LIMITED

Plaintiff

AND MARITEQ FABRICATORS LIMITED Defendant

CIV-2010-463-0394

AND BETWEEN QUIGLEY'S TECHNICAL SERVICES LIMITED

Plaintiff

AND MARITEQ FABRICATORS LIMITED Defendant

Hearing: 23 March 2012

Appearances: Mr Hopkinson for plaintiff

No appearance for defendant

Judgment: 23 March 2012

_{ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE}

Solicitors:

Cooney Lees Morgan, P O Box 143, Tauranga - [e-mail]

Tompkins Wake, Auckland - by email: [e-mail]

_{Grove Darlow & Partners, Auckland – byemail: [e-mail]}

QUIGLEY'S TECHNICAL SERVICES LIMITED V MARITEQ FABRICATORS LIMITED HC TAU CIV-

2010-453-878 [23 March 2012]

[1] This proceeding has had numerous calls. The parties have been attempting to come to settlement. The penultimate step was that in or about 20 March 2012 the Court received a proposal from the parties that the proceeding be taken out of the liquidation list today to provide more time to explore a settlement. It was said that there had been difficulties in getting information which the professional advisors needed for that purpose. In response to that I issued a minute on 20 March 2012 stating that I was not persuaded that the matter would be further adjourned and I declined the invitation to take this matter out of the list today. The position is then that the proceeding has come back before me today with the status of an undefended liquidation, no statement of defence having been filed.

[2] When the matter was called this morning Mr Hopkinson again suggested to me that I might consider vacating the hearing the today notwithstanding the contents of my minute of 20 March 2012. However, in my view, the policy requirement that proceedings dealing with presumptively insolvent companies promptly applied here and more than enough time has already been granted to seek a resolution that does not involve an adjudication. Time has arrived in my view where the plaintiff has to elect either to proceed or withdraw the proceedings. The plaintiff has elected to proceed. I therefore make an order placing the defendant into liquidation. Boris Van Delden and Peri Micaela Finnigan are appointed liquidators jointly and severally of the defendant. The plaintiff will have costs on a 2B basis and disbursements as fixed by the Registrar. I approve the rates of remuneration set out in the consent to act which the liquidators have filed which is dated 23 March 2012. Subject to an application for approval of overall remuneration being required at the conclusion of

_{the liquidation. The order that I make is timed at 12.40 p.m.}

J.P. Doogue

Associate Judge