Re Estate of Witchall relates to four blocks of land held by a company removed from the Register of Companies pursuant to the Companies Act 1955. As noted at [3] to [5]:
The company in question could not be reinstated to the Register of Companies as there the Companies Act 1993 does not provide for the restoration of companies remove pursuant to the Companies Act 1955 when more than 20 years has passed since the dissolution of the company. as noted at [8] “… That position is based upon a reading of s 336(7) of the Companies Act 1955 and s 42(4)(a) and (b) of the Companies Amendment Act 1993. Those provisions respectively provide:
The position adopted by Mander J at [14] and 15] was both considered and practical.
References
- Re Estate of Witchall [2023] NZHC 789
- Trusts Act 2019, s 114
- Companies Act 1955
- Companies Act 1993
Matters of Trust 
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