Liquidation Proceedings




Dec. 8.] THE NEW ZEALAND GAZETTE. 1501

doth not think fit to make any order on the said application,
except that the said W.N. do pay to R.P.H., the Official
Liquidator of the said company, his costs of this applica-
tion, to be taxed by the Registrar in case the parties differ].

No. 33.—Affidavit of Official Liquidator in support of
Proposal for Call. [Rule 36.]

In the Supreme Court of New
Zealand,
District.]

In the matter, &c.

I, R.P.H., of &c., the Official Liquidator of the above-named
company, make oath and say as follows:—

  1. I have, in the Schedule now produced and shown to me,
    and marked with the letter A, set forth a statement showing
    the amount due in respect of the debts allowed against the
    said company, and the estimated amount of the costs,
    charges, and expenses of and incidental to the winding-up
    the affairs thereof, and which several amounts form in the
    aggregate the sum of £ or thereabouts.

  2. I have also in the Schedule set forth a statement of the
    assets in hand belonging to the said company, amounting to
    the sum of £ and no more. There are no other assets
    belonging to the said company, except the amounts due from
    certain of the contributories of the said company; and to the
    best of my information and belief it will be impossible to
    realise in respect of the said amounts more than the sum
    of or thereabouts.

  3. It appears by the Registrar's certificate, dated the
    day of , 18 , that persons have
    been settled on the list of contributories of the said company
    in respect of the total number of shares.

  4. For the purpose of satisfying the several debts and lia-
    bilities of the said company, and of paying the costs, charges,
    and expenses of, and incidental to, the winding-up of the
    affairs thereof, I believe the sum of £ will be required,
    in addition to the amount of the assets of the said com-
    pany mentioned in the said Schedule A and the said sum
    of £ .

  5. In order to provide the said sum of £ , it is
    necessary to make a call upon the several persons who have
    been settled on the list of contributories as before mentioned ;
    and, having regard to the probability that some of such con-
    tributories will partly or wholly fail to pay the amount of
    such call, I believe that, for the purpose of realising the
    amount required as before mentioned, it is necessary that a
    call of £ per share should be made.

Sworn, &c.

No. 34.—Summons for intended Call. [Rule 36.]

In the matter, &c.

Let all parties concerned attend at my chambers in the
Supreme Court at , on day, the day
of , 18 , at of the clock in the noon,
on the hearing of an application on the part of the Official
Liquidator of the above-named company that a call to the
amount of £ per share may be made on all the con-
tributories [Or, if upon any particular class, specify the same]
of the said company.

This summons was taken out by A and B, of
solicitors for the said Official Liquidator.

To Mr. A.B., of &c., a contributory
of the said company proposed to
be included in the said call.

No. 35.—Advertisement of intended Call. [Rule 36.]

In the matter, &c.

By direction of his Honour Mr. Justice notice is
hereby given that the said Judge has appointed , the
day of , 18 , at o'clock in the
noon, at his chambers at , to make a call on all the
contributories of the said company [or as the case may be],
and that the Official Liquidator of the said company pro-
poses that such call shall be for £ per share. All
persons interested are entitled to attend at such day, hour,
and place to offer objections to such call.

Dated this day of , 18 .
G.H., Registrar.

No. 36.—General Order for a Call. [Rule 37.]

In the Supreme Court of New Zealand,
District.] of , 18 .

In the matter, &c.

Upon the application of the Official Liquidator of the above-
named company, and upon reading two orders dated the
day of , 18 , and the day of
, 18 , the Registrar's certificate dated the day of
, 18 , an affidavit of the said Official Liquidator,
filed the day of , 18 , and the exhibit
marked A, therein referred to, and an affidavit of
filed the day of , 18 , it is ordered that a
call of pounds per share be made on all the con-
tributories of the said company [or as the case may be].

And it is ordered that each such contributory do, on or
before the day of , 18 , pay into the Bank
of , to the account of the Official Liquidator of
the Company, the amount which will be due from
him or her in respect of such call.

No. 37.—Notice to be served with the General Order for a
Call. [Rule 37.]

In the matter, &c.

The amount due from you, A.B., in respect of the call made
by the above [or within] order, is the sum of £ ,
which sum is to be paid by you into the Bank of
, to the account mentioned in the said order. You can pay the
same in person or through a banker or other agent ; but this
notice and copy order must be produced at the bank upon
such payment, and the cashier of the bank will, upon re-
ceiving the same, deliver to you a certificate of the payment-
in, numbered , signed by the said cashier. In order
to prevent proceedings being taken against you for non-
payment, you must, immediately upon such payment-in,
cause written notice of the payment, and of the date thereof,
to be given to me as the Official Liquidator of the said com-
pany, at my office, No. , Street, in
.

To Mr. A.B.
R.P.H., Official Liquidator.

No. 38.—Affidavit in support of Application for Order for
Payment of Call due from Contributories. [Rule 38.]

In the Supreme Court of New Zealand,
District.]

In the matter, &c.

I, R.P.H., of &c., the Official Liquidator of the above-named
company, make oath and say as follows:—

  1. None of the contributories of the said company whose
    names are set forth in the schedule hereunto annexed,
    marked A, have paid, or caused to be paid, the respective
    sums set opposite their respective names in the said sche-
    dule, and which sums are the respective amounts now due
    from them respectively in respect of the call of £ per
    share, in pursuance of the order of the Judge in that behalf,
    dated the day of , 18 .

  2. The respective amounts or sums set opposite the names
    of such contributories respectively in such schedule are the
    true amounts due and owing by such contributories respec-
    tively in respect of the said call.

Sworn, &c.

A.

THE SCHEDULE ABOVE REFERRED TO.

| No. on | Name. | Address. | De- | In what | Amount |
| List. | | | scription. | Character | due. |
| | | | | included. | |
| | | | | | £ s. d. |

Note.—In addition to the above affidavit, an affidavit of
the service of the order and notice (Nos. 36 and 37) will be
required.

No. 39.—Order for Payment of Call due from a Contribu-
tory. [Rule 38.]

In the Supreme Court of New Zealand,
District.] of , 18 .

In the matter, &c.

Upon the application of the Official Liquidator of the above-
named company, and upon reading the order dated the
day of , 18 , an affidavit of
, filed
the day of , 18 , and an affidavit of the
said Official Liquidator, filed the day of
, 18 , it is ordered that C.D., of &c. [or E.F., of &c., the
legal personal representative of L.M., late of &c., deceased],
one of the contributories of the said company [or, if against
several contributories, the several persons named in the
second column of the schedule to this order, being respec-
tively contributories of the said company], do, on or before
the day of , 18 , or within four days after
service of this order, pay into the Bank of
, to the
account of the Official Liquidator of the Company
[or to A.B., the Official Liquidator of the said company, at
his office, No. , Street, in ], the sum of
£ [If against a personal representative add—out
of the assets of the said L.M., deceased, in his hands
as such legal personal representative as aforesaid, to be
administered in a due course of administration, if the
said E.F. has in his hands so much to be administered (or,
if against several contributories, the several sums of money
set opposite to their respective names in the sixth column of
the said schedule hereto)], such sum [or sums] being the
amount [or amounts] due from the said C.D. [or L.M.]
[or the said several persons respectively] in respect of the
call of £ per share made by the said order dated
the day of , 18 .



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1887, No 76





✨ LLM interpretation of page content

💰 Order on Application to Vary List

💰 Finance & Revenue
Supreme Court, Liquidation, Contributories, Application, Exclusion

💰 Affidavit of Official Liquidator in Support of Proposal for Call

💰 Finance & Revenue
Supreme Court, Liquidation, Official Liquidator, Call, Contributories
  • R.P.H., Official Liquidator

💰 Summons for Intended Call

💰 Finance & Revenue
Supreme Court, Liquidation, Summons, Call, Contributories
  • A.B. (Mr.), Contributory of the company

  • A and B, solicitors for the Official Liquidator

💰 Advertisement of Intended Call

💰 Finance & Revenue
Supreme Court, Liquidation, Advertisement, Call, Contributories
  • G.H., Registrar

💰 General Order for a Call

💰 Finance & Revenue
Supreme Court, Liquidation, General Order, Call, Contributories
  • R.P.H., Official Liquidator

💰 Notice to be Served with the General Order for a Call

💰 Finance & Revenue
Supreme Court, Liquidation, Notice, Call, Contributories
  • A.B. (Mr.), Contributory of the company

  • R.P.H., Official Liquidator

💰 Affidavit in Support of Application for Order for Payment of Call due from Contributories

💰 Finance & Revenue
Supreme Court, Liquidation, Affidavit, Call, Contributories
  • R.P.H., Official Liquidator

💰 Order for Payment of Call due from a Contributory

💰 Finance & Revenue
Supreme Court, Liquidation, Order, Call, Contributories
  • C.D., Contributory of the company
  • E.F., Legal personal representative of L.M., deceased
  • L.M. (late of), Deceased contributory

  • R.P.H., Official Liquidator