3706
THE NEW ZEALAND GAZETTE.
[No. 84

No. 5.—AFFIDAVIT IN ANSWER TO INQUIRY. (Rule 12 (f).)

In the Supreme Court of New Zealand,
…………District,
…………Registry.

In the matter of the Companies Act, 1933,
and
In the matter of , Limited.

We, C.D., of , [the secretary of the above-named company], E.F., of [the solicitor of the said company], and A.B., of [the managing director of the said company], severally make oath and say as follows :—

I, the said C.D., for myself, say as follows :—

1. I did, on the day of , 19 , in the manner hereinafter mentioned, serve a true copy of the notice hereunto annexed and marked B upon each of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked A, referred to in the affidavit of filed herein on the day of , 19 .

2. I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively, according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons respectively), and with the proper postage stamps affixed thereto as prepaid letters, into the post-office at , between the hours of and of the clock in the noon of the said day of .

And I, the said E.F., for myself, say as follows :—

3. A true copy of the notice hereunto annexed and marked C has appeared in the newspaper of the day of , 19 , the newspaper of the day of , 19 , &c.

4. I have, in the paper writing hereunto annexed, and marked D, set forth a list of all claims the particulars of which have been sent in to me pursuant to the said notice B hereunto annexed by persons claiming to be creditors of the said company for larger amounts than are stated in the list of creditors, marked A, referred to in the affidavit of , filed herein on the day of , 19 .

[Or No person has sent in to me pursuant to the said notice B a claim to be entered on the said list for a larger sum than that in respect of which he is entered on the said list A.]

5. I have in the paper writing hereunto annexed and marked E set forth a list of all claims the particulars of which have been sent in to me pursuant to the notice referred to in paragraph 3 of this affidavit by persons claiming to be creditors of the said company on the day of , 19 , not appearing on the said list of creditors, marked A, and who claimed to be entered thereon.

[Or No claims have been sent in to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list A and claiming to be so entered.]

And we, C.D. and A.B., for ourselves, say as follows :—

6. We have, in the first part of the said paper writing marked D, and also in the first part of the said paper writing marked E, respectively set forth such of the said debts and claims as are admitted by the said company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the company contends are wholly or as to any and what part thereof not included in the inquiry in this matter.

7. We have, in the second part of each of the said paper writings marked D and E, set forth such of the said debts and claims as are wholly disputed by the said company, and such of the same debts and claims as the company contends would, even if admitted, be wholly or as to any and what part thereof not included in the inquiry in this matter.

8. In the said exhibits D and E are distinguished such of the debts the full amounts whereof are proposed to be appropriated in such manner as the Judge shall direct.

And I, the said C.D., further say :—

9. The exhibit now produced and shown to me marked F contains the [Invoices to the amount of the receipt should be attached when the receipt is for a larger sum than that stated in list A (and exhibits D and E) invoices and] receipts and the written consents of such of the persons named in the said list A (and in the said exhibits D and E) as have been paid by the said company or have consented to the proposed reduction of capital.

10. The said company is willing to set apart and appropriate the full amount of the debts, claims, and liabilities specified in the said list A [and in the said exhibits D and E] in respect of which consents have not been obtained or which the said company has not paid and discharged.

11. All rents, rates, taxes, salaries, wages, and other incidental expenses current on the said day of , 19 , and since become due have been paid and discharged by the said company.

Sworn, &c.

EXHIBIT D REFERRED TO IN THE ABOVE AFFIDAVIT.

D.

In the matter, &c.

List of Debts and Claims of which the particulars have been sent in to by persons claiming to be creditors of the said company for larger amounts than are stated in the list of creditors made out by the company.

First Part.—Debts or Claims wholly or partly admitted by the Company.