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Belich v Rusty Pelican Ltd
19 Jul 2007, R Arthur, AA 212/07, (5 pages)
COMPLIANCE ORDER - Applicant awarded lost wages and compensation in earlier determination - Respondent placed in receivership two weeks after investigation meeting and before determination issued - Receiver of respondent advised only some of lost wages award preferential, with rest of claim unsecured - Matter dealt with urgently on papers Applicant challenged Receiver's analysis - Declaration and compliance order sought regarding decision - Applicant claimed Companies Act 1993 ("CA") provisions should not override Authority's order for lost wages - Given application arose out of employment relationship problem, Authority clearly had jurisdiction to determine claim - Essential issue whether approach taken by Receiver correct - Whether order for lost wages subject to preferential claims regime of CA - Schedule 7 cl2(bb) of CA expressly limited extent Authority and Courts could give claims for wages greater or lesser preference than other creditors - Approach correct as Schedule limited wage or salary preference claims to amounts earned in four months before receivership began - No compliance order needed - Respondent's director appeared to have misled Authority about prospect and imminence of receivership - However, actions did not affect outcome of application
Result: Application declined ; No order for costs
Cook Executive Recruitment (2005) Ltd v Lewis
2 Aug 2007, RA Monaghan, AA 205A/07, (2 pages)
COMPLIANCE ORDER - Applicant sought order respondent comply with obligation to repay money as set out in earlier consent order - Parties had agreed respondent would make part payment and provide details of financial situation - Agreed order for immediate payment would be made if respondent defaulted - No payments made - Respondent ordered to pay amount owed forthwith - Orders made by consent remained in force
Result: Compliance ordered ; No order for costs
Ferguson v Pump and Water Solutions Ltd
11 Jul 2007, V Campbell, AA 207/07, (3 pages)
COMPLIANCE ORDER - Applicant sought compliance with mediated record of settlement - Respondent claimed not in financial position to pay full amount due - Important Authority send clear signal mediated terms of settlement must be honoured - Compliance order appropriate - Authority satisfied financial position of respondent required order for payment by instalments - COSTS - Applicant's costs not necessary if respondent had honoured settlement agreement - Awarded $250 contribution to costs
Result: Compliance ordered ; Orders accordingly ; Costs in favour of applicant ($250) ; Disbursements ($70)(Filing fee)
Panel Holdings Ltd v Paki
24 Oct 2007, D King, AA 335/07, (3 pages)
COMPLIANCE ORDER - Applicant sought compliance with two previous Authority determinations - No appearance by respondent - Compliance ordered - COSTS - Applicant sought costs associated with compliance application of $1,582 - Put to unnecessary cost and trouble to file compliance application - Applicant entitled to reasonable contribution to costs
Result: Compliance ordered ; Costs in favour of applicant ($1000); Disbursements ($70)(Filing Fee)
Williams v Waikato Flying School Ltd
26 Oct 2007, D King, AA 336/07, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with settlement agreement - No appearance by respondent - Applicant had not received total sum owed under agreement - Compliance ordered - COSTS - Applicant awarded contribution to costs
Result: Compliance Ordered ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)
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