1424
THE NEW ZEALAND GAZETTE
No. 47

In the High Court of New Zealand
Palmerston North Registry

IN THE MATTER OF the Companies Act 1955, and IN THE MATTER
OF MERCERS CARAVAN COURT LIMITED, a duly incorporated
company having its registered office at Main Road, Sanson:

NOTICE is hereby given that a petition for the winding up
of the above-named company, presented to the said Court
by CRESTA CRAFT LIMITED, a duly incorporated company
having its registered office at Christchurch; and the said
petition is directed to be heard before the Court sitting at
Palmerston North on the 5th day of May 1982, at 9.30 o’clock
in the forenoon; and any creditor or contributory of the said
company desirous to support or oppose the making of an
order on the said petition may appear at the time of hearing
in person or by his counsel for that purpose; and a copy of
the petition will be furnished by the undersigned to any
creditor or contributory of the said company requiring a copy
on payment of the regulated charge for the same.

G. M. BRODIE, Solicitor for Petitioner.

This notice is filed by Geoffrey Martin Brodie, solicitor for
the petitioner. The petitioner’s address for service is at the
offices of Messrs Cooper Rapley and Co., Solicitors, 240
Broadway Avenue, Palmerston North.

NOTE—Any person who intends to appear on the hearing
of the said petition must serve on, or send by post to the
abovenamed, notice in writing of his intention to do so. The
notice must state the name, address, and description of the
person or if a firm, the name, address, and description of
the firm, and his address for service within 3 miles of the
office of the High Court at Palmerston North, and must be
signed by the person or firm, or his or her solicitor (if any),
and must be served, or, if posted, must be sent by post in
sufficient time to reach the above-named petitioner’s address
for service no later than 4 o’clock in the afternoon on the
4th day of May 1982.

7238

M. No. 108/82

In the High Court of New Zealand
Wellington Registry

IN THE MATTER OF the Companies Act 1955, and IN THE MATTER
OF STOCK CAR PROMOTIONS (WELLINGTON) LIMITED, a duly
incorporated company having its registered office at Sixth
Floor, Brandon House, Wellington and carrying on business
as a stock car promoter:

NOTICE is hereby given that a petition for the winding up
of the above-named company by the High Court was, on
the 17th day of March 1982, presented to the said Court by
STEPHEN BRATTLE and HELEN MARGARET BRATTLE a partner-
ship trading under the name Silhouette Signs of 1 Islington
Street, Trentham; and the said petition is directed to be
heard before the Court sitting at Wellington on the 5th day
of May 1982, at 10 o’clock in the forenoon; and any creditor
or contributory of the said company desirous to support or
oppose the making of an order on the said petition may
appear at the time of hearing in person or by his counsel
for that purpose; and a copy of the petition will be furnished
by the undersigned to any creditor or contributory of the
said company requiring a copy on payment of the regulated
charge for the same.

D. W. BUTLER, Solicitor for the Petitioner.

This notice is filed by David William Butler, solicitor for
the petitioners whose address for service is at the offices of
Messrs Gillespie, Young & Co., Barristers and Solicitors,
Sixth Floor, Local Government Building, Lambton Quay,
Wellington.

NOTE—Any person who intends to appear on the hearing
of the said petition must serve on, or send by post, to the
abovenamed, notice in writing of his intention to do so. The
notice must state the name, address, and description of the
person, or, if a firm, the name, address, and description of
the firm, and must be signed by the person or firm, or his
or their solicitor (if any), and must be served, or, if posted, must be sent by post
in sufficient time to reach the above-named petitioner’s address
for service not later than 4 o’clock in the afternoon of the
4th day of May 1982.

7263

M. No. 27/82

In the High Court of New Zealand
Christchurch Registry

IN THE MATTER OF the Companies Act 1955, and IN THE MATTER
OF ASHBY BERGH AND COMPANY LIMITED, a duly incor-
porated company having its registered office at 322-332
Manchester Street, Christchurch:

BEFORE THE HONOURABLE MR JUSTICE COOK

Monday, the 5th day of April 1982 and Wednesday, the
7th day of April 1982.

UPON reading the notices of motion of the above-named
company dated the 1st and 2nd days of April 1982 and the
affidavit filed in support thereof and it appearing that the
special resolution authorising distribution of the sum of
one hundred and five thousand two hundred and sixty six
dollars ($105,266.00) standing to the credit of the share
premium account of Ashby Bergh and Company Limited
was duly passed and that by order made on the 5th day of
April 1982 by this Honourable Court that having regard to
the special circumstances of the case it was directed that
section 76 (2) of the Companies Act 1955 shall not apply
as regards the creditors of the applicant and that publication
of presentation of the motion filed herein for confirmation
of distribution of share premium account and of the date
of hearing thereof be dispensed with and upon hearing Mr
P. M. James of counsel for the applicant on the 7th day
of April 1982 this Court hereby orders:—

1. That the special resolution passed at the annual general
   meeting of Ashby Bergh and Company Limited held on the
   25th day of November 1981 which resolution is in the words
   and figures following, that is to say:

(a) That subject to the confirmation of the High Court
and to any conditions imposed by the High Court
the sum of one hundred and five thousand two
hundred and sixty six dollars ($105,266.00) standing
to the credit of share premium account in the books
of account of the company as at the 25th day of
November 1981 may be distributed to the holders
from time to time of the ordinary shares in the
capital of the company.

(b) That the distribution of the amount mentioned above
may be effected at such intervals and by a series
of payments of such amounts as the directors may
from time to time determine to the holders from
time to time of the ordinary shares in the capital
of the company divided rateably (but subject always
to the provisions of article 121A of the articles of
association) in proportion to the amounts paid up on
the ordinary shares held by them.

(c) That prior to making each such distribution, the
directors shall transfer from the revenue reserve
of the company to a fund to be designated “capital
replacement fund” an amount equal to the amount
to be distributed, such fund not to be available for
the payment of dividend nor without the approval
of the High Court for distribution to shareholders
but may be applied in paying up unissued shares of
the company as fully paid bonus shares.

BE and the same is hereby confirmed upon and subject to
the following condition:

That the terms parts (b) and (c) of the aforesaid resolu-
tion not be altered without the further confirmation of
this Honourable Court.

2. That a sealed copy of this order be registered with the
   Registrar of Companies.

3. That notice of registration of this order with the Registrar
   of Companies be published once in the New Zealand Gazette.

4. That it is not necessary for any minute relating to the
   distribution of the share premium account of Ashby Bergh
   and Company Limited to be produced to the Registrar of
   Companies pursuant to section 78 (1) of the Companies Act
   1955 or to be registered as required by section 78 (2) of the
   Companies Act 1955.

By the Court:

P. R. FANTHAM, Deputy Registrar.

7225

In the High Court of New Zealand
Christchurch Registry

IN THE MATTER OF the Companies Act 1955, and IN THE MATTER
OF CLARK CONSTRUCTION LTD., a duly incorporated com-
pany having its registered office at the offices of Messrs Hogg
Young Cathie and Co., Seventh Floor, National Insurance
House, 217 Gloucester Street, Christchurch, carrying on
business there as land developers: