✨ Winding Up Petitions
15 SEPTEMBER
THE NEW ZEALAND GAZETTE
3109
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 October 1983.
4310
In the High Court of New Zealand
Auckland Registry
M. No. 80/80
IN THE MATTER OF THE COMPANIES ACT 1955, and IN THE MATTER of SPYCO BUILDERS LIMITED, a duly incorporated company having its registered office at 35 Kelman Avenue, Kelston, Auckland and carrying on business as builders—Debtor:
EX PARTE—GREAT NORTHERN MERCHANTS LIMITED, a duly incorporated company having its registered office at Auckland and carrying on business as merchants—Creditor:
NOTICE is hereby given that a petition for the winding up of the above-named company by the High Court was, on the 13th day of July 1983, presented to the said High Court by GREAT NORTHERN MERCHANTS LIMITED of Auckland, merchants; and that the said petition is directed to be heard before the Court sitting at Auckland on the 21st day of September 1983, 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 the 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.
B. R. LATIMOUR, Solicitor for the Petitioner.
The petitioner’s address for service is at the offices of Messrs Buddle, Weir & Co., Solicitors, Eighth Floor, Auckland Savings Bank Building, corner Queen and Wellesley Streets, Auckland 1.
NOTE—Any person who intends to appear on the hearing of the said petition must serve on, or send by post to, the above-named, 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, 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 20th day of September 1983.
4301
In the High Court of New Zealand
Auckland Registry
M. No. 1136/83
IN THE MATTER OF THE COMPANIES ACT 1955, and IN THE MATTER of OREWA HOME APPLIANCES LIMITED, a duly incorporated company having its registered office at Auckland and carrying on business there as a dealer in and repairer of electrical appliances:
NOTICE is hereby given that a petition for the winding up of the above-named company by the High Court was, on the 16th day of August 1983, presented to the said High Court by F. & P. FINANCE LIMITED, a duly incorporated company having its registered office at Auckland and carrying on business as a finance company and that the said petition is directed to be heard before the Court sitting at Auckland on Wednesday, the 28th day of September 1983, 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.
J. D. CLARK, Solicitor for the Petitioner.
This notice is given by John Douglas Clark, solicitor for the petitioner. The address for service of the petitioner is at the offices of Messrs Watts & Patterson, Third Floor, UDC House, corner Albert and Wyndham Streets, Auckland.
NOTE—Any person who intends to appear on the hearing of the said petition must serve on, or send by post to, the above-named, 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, 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 27th day of September 1983.
4336
In the High Court of New Zealand
Auckland Registry
IN THE MATTER OF THE COMPANIES ACT 1955, and IN THE MATTER OF OREWA HOME APPLIANCES LIMITED, a duly incorporated company having its registered office at Auckland and carrying on business there as dealers in and repairers of electrical appliances:
To: The High Court of New Zealand.
The 16th day of August 1983.
THE humble petition of F. & P. FINANCE LIMITED, a duly incorporated company having its registered office at Koru Towers, Pakuranga Town Centre, Auckland, and carrying on business as a finance company, showeth as follows:
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OREWA HOME APPLIANCES LIMITED, a duly incorporated company having its registered office at Auckland and carrying on business there as dealers in and repairers of electrical appliances (hereinafter called “the company”), was on the 14th day of September 1956 incorporated under the Companies Act 1933.
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The registered office of the company is at Parnell House, Parnell Road, Auckland.
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The nominal capital of the company is $4,000 divided into 2,000 shares of $2 each. The amount of the capital paid up or credited as paid up is $4,000.
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The objects for which the company was established are as follows:
“To carry on the business of electricians, radio and electrical engineers, workers in electricity, wireless and radio telegraphy, and dealers in and repairers of electrical, radio, electronic and television equipment, apparatus and appliances of all kinds, and any business in which the application of electricity or any like power, or any power that can be used as a substitute therefor, is or may be useful or convenient, or any other business of a like nature”
and other objects set forth in the memorandum of association thereof.
- Between the months of March 1980 and December 1981, the petitioner at the request of the company accepted assignments from the company of certain conditional purchase agreements relating to the purchasers hereinafter referred to:
Avis Laura Robin, Ray William Reynolds, Gloria Ann Poin-ton, Lynda Joan Pepper, Marjorie Hilton, Coral Fay Davis, Sandra Sheree Ansley, David Keith Adams.
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As a term of the said assignments and as a term of a certain deed made the 16th day of March 1979 between the petitioner and the company, the company covenanted and agreed to and with the petitioner to pay to the petitioner on demand the whole of the balance of the moneys payable under the said conditional purchase agreements.
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The purchasers under the said conditional purchase agreements having made default, the petitioner has demanded payment from the company of the sum of two thousand two hundred and two dollars and nine cents ($2,202.09) being the balance of the moneys payable under such agreements, and the company has failed to pay such moneys.
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The petitioner has made application to the company for payment of its debt but the company has failed and neglected to pay the same or any part thereof. On the 19th day of July 1983, the petitioner served upon the company at its registered office a notice signed under the hand of its agents thereunto lawfully authorised giving notice that unless the said amount of two thousand two hundred and two dollars and nine cents ($2,202.09) was paid within 3 weeks of the date of service of the notice the petitioner would petition the High Court at Auckland for an order that the company be wound up.
The company has neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the petitioner.
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In terms of sections 217 and 218 of the Companies Act 1955, the company is unable to pay its debts.
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In the circumstances it is just and equitable that the company should be wound up.
Your petitioner therefore humbly prays as follows:
(a) That OREWA HOME APPLIANCES LIMITED, may be wound up by the Court under the provisions of the Companies Act 1955.
(b) That the Court may make such other order in the premises as shall be just.
This petition was filed by John Douglas Clark, solicitor for the petitioner. The petitioner’s address for service is at the offices of
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VUW Te Waharoa —
NZ Gazette 1983, No 150
NZLII —
NZ Gazette 1983, No 150
✨ LLM interpretation of page content
🏭 Petition for Winding Up of Spyco Builders Limited
🏭 Trade, Customs & IndustryWinding Up, Petition, High Court, Auckland, Builders
- B. R. Latimour, Solicitor for the Petitioner
🏭 Petition for Winding Up of Orewa Home Appliances Limited
🏭 Trade, Customs & IndustryWinding Up, Petition, High Court, Auckland, Electrical Appliances
8 names identified
- Avis Laura Robin, Purchaser in default
- Ray William Reynolds, Purchaser in default
- Gloria Ann Poin-ton, Purchaser in default
- Lynda Joan Pepper, Purchaser in default
- Marjorie Hilton, Purchaser in default
- Coral Fay Davis, Purchaser in default
- Sandra Sheree Ansley, Purchaser in default
- David Keith Adams, Purchaser in default
- J. D. Clark, Solicitor for the Petitioner