In re Decaria Consultants Ltd [2022] NUHC 7; CV2022-00060 (3 June 2022)

IN THE HIGH COURT OF NIUE
(CIVIL DIVISION)

Application: CV2022-00060

UNDER The Companies Act 2006

IN THE MATTER Decaria Consultants Limited

AND

MRS JANA OMANIKOVA
Applicant

Date: 3 June 2022 (NZT)

JUDGMENT OF C T COXHEAD CJ

Application for re-registration and restoration

[1] This is an application for re-registration and restoration of Decaria Consultants Limited to the Niue Companies Register.

[2] Decaria Consultants Limited was incorporated as an International Business Company under number 07299 on the 11^th day of January 2001 (“the Company”).

[3] The Company’s director was Mr Chrispin Bellot and who by power of attorney appointed Mr Štefan Omanik as its agent.

[4] Mr Bellot relied on Mr Omanik to manage the day to day operations of the Company including maintenance of its registration in Niue among other things. Mr Bellot resigned as a director and is not available.

[5] The Company has 2 shares. Those shares are held by the applicant.

[6] I have read the affidavit of Jana Omanikova in support of the application.

Orders

[7] I am satisfied that orders can be made. I therefore order:

• (a) Restoration of the Company to the Companies Register under s 276 of the Companies Act 2006 with the Memorandum and Articles of Association under which the Company was incorporated as an International Business Company, number 07299 pursuant to s 332 of the Companies Act 2006.
  
• (b) The Company is registered as a private company.
  
• (c) Mrs Jana Omanikova of Slušovice, Slunečná Street 313, ZIP code 76315, Czech Republic, Retired is to be registered as the sole shareholder of the Company.
  
• (d) Mrs Jana Omanikova of Slušovice, Slunečná Street 313, ZIP code 76315, Czech Republic, Retired is appointed as a director of the Company.
  
• (e) Mr Chrispin Bellot is removed as a director of the Company.
  

[8] The above orders are made conditional on confirmation to me that all relevant fees have been paid.

[9] I also note that:

• (a) The registered office and postal address of the Company to be care of its Niue representative: Hekau Attorneys at Law Attn: Kahealani Hekau, House 5, Fakaleaina, Alofi South, Niue Island 9974.
  
• (b) The records required by s 117 to be kept at the registered office of the Company and care of the applicant at: Mrs Jana Omanikova of Slušovice Slunečná Street 313, ZIP code 76315, Czech Republic.
  

Dated at Rotorua, Aotearoa/New Zealand this 3^rd day of June 2022.

C T Coxhead
CHIEF JUSTICE