DUPLIC;JE
In the High Court of New Zealand
Auckland Registry
I Te Kati Matua 0 Aotearoa
Tarnaki Makaurau RoheCIV-2019-404-2445

UnderPart 19 of the High Court Rules and sections 239F, 239ACD,
280 and 286 of the Companies Act 1993

In the matter ofan application pursuant to sections 239F, 239ACD, 280 and
286 of the Companies Act 1993 for an order that Mitchell
Wayne Mansfield and Jason Aleksander Kardachi not bedisqualified from appointment as administrators, deedadministrators or liquidators of Tamarind Taranaki Limited

and in the matter ofTamarind Taranaki Limited, an incorporated company having
its registered office at Level 6, 54 Gill Street, New Plymouth,
4310

In the matter of an
application byMitchell Wayne Mansfield of the Cayman Islands and Jason
Aleksander Kardachi of Singapore, chartered accountants andinsolvency practitioners
Applicants,x. oF ific,,,c,•,,, AucKLAND c..
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Orders as to qualification of administrators.

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Date: I November 2019G•Z E A\-KensingtonSwa nO
18 Viaduct Harbour Avenue
Private Bag 92101
Auckland 1142

P +6493794196
F +64 9 309 4276
DX CP22001

Solicitor: J A McMillan
Ejames.mcmillanAkensingtonswan.com

Orders as to qualification of administrators
To:Mitchell Wayne Mansfield and Jason Aleksander Kardachi.

1

The originating application made by Mitchell Wayne Mansfield of the Cayman

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•

Islands and Jason Aleksander Kardachi of Singapore, both charteredaccountants and accredited insolvency practitioners, on 5 November 2019, was

AUCKLAND C\N.Z.

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determined by The Honourable Justice Jagose on November 2019.
2

The determination was made without a hearing.

3

The following orders were made:athe application be permitted to be made by way of an originating application;b

notwithstanding s239F(2), ss280(1)(ca) and ss280(1)(cb) of the Companies
Act 1993 (Act), Mitchell Wayne Mansfield and Jason Aleksander
Kardachi of Borelli Walsh (Proposed Administrators) may be appointed
as joint and several administrators of Tamarind Taranaki Limited(Tamarind);notwithstanding 5239ACD(2), ss280(1)(ca) and ss280(1)(cb) of the Act, theProposed Administrators may be appointed as joint and several deedadministrators or liquidators of Tamarind, if appointed as such at awatershed meeting of creditors in the voluntary administration of Tamarind;

din the event that the Proposed Administrators are appointed asadministrators of Tamarind, then:ithis application be adjourned to a date convenient to the Court;ii

a copy of this application and orders of the Court be served on all
known creditors of Tamarind notified of the first meeting of creditors inTamarind's voluntary administration pursuant to s239A0(1)(a) of theAct, at the same time and in the same manner as notice under s239A0
is given by the administrators to those creditors, with a copy of thisapplication and the Court's orders also to be posted on Borelli Walsh's
website;

ri•,'

iii

the administrators' notice to creditors under s239A0(1)(a) of the Act
shall include advice to creditors of the next mention date of thisapplication, and advice that, if they wish to challenge the interim orders

1

made, they are entitled to do so by filing and serving a notice of
opposition within 10 working days of service of the Court's orders to set
aside the Proposed Administrators' appointment as administrators ofTamarind; andiv

the creditors of Tamarind shall have leave to apply to the Court within
10 working days of service of the Court's orders to set aside theProposed Administrators' appointment as administrators of Tamarind;andthe Proposed Administrators' solicitor-client costs and disbursements of thisapplication are to be an expense incurred by the Proposed Administrators incarrying out their duties as administrators of Tamarind.

'N.Z.EJ•-y„

Date: j November 2019

Jail SINGH
Deputy Registrar
High Court
Auckland2