White v Campbell [2013] NZHC 1231 (24 May 2013)

Last Updated: 11 June 2013

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2012-470-637 [2013] NZHC 1231

BETWEEN ANTHONY JOSEPH WHITE & ORS Plaintiff

AND EWAN MICHAEL CAMPBELL & ORS Defendant

CIV-2013-470-220

BETWEEN ANTHONY JOSEPH WHITE & ORS Plaintiff

AND REGISTRAR OF COMPANIES Defendant

Hearing: 24 May 2013

Appearances: Ms Brown for applicants in CIV-2013-470-220 and for plaintiffs in CIV-2012-470-637

Judgment: 24 May 2013

_{ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE}

WHITE & ORS v CAMPBELL & ORS [2013] NZHC 1231 [24 May 2013]

[1] The first matter is the application under CIV-2013-470-220 for an order restoring the company to the Register pursuant to s 329 of the Companies Act 1993. I am satisfied that such an order ought to be made and I grant the application.

[2] With respect to CIV-2012-470- 637 the plaintiff holds judgment against the defendants in the sum of $67,089.29 and seeks to enforce judgment for that amount plus accrued interests and costs for $95,771.38 against two properties which for convenience I shall refer to as Title 134160 and Title 115137. Application has been made for leave pursuant to r 17.9 for leave to issue enforcement processes. I do not apprehend that any leave is required. I will not make an order on the application but I will not dismiss it at this point. As I see it, the plaintiffs have the right to proceed with their charging order but I reserve leave to them to seek further directions from the Court should that be necessary.

_{[3] I reserve issues of costs in CIV-2013-470-220.}

J.P. Doogue

Associate Judge