Notice Type
Applications for Winding up/Liquidations
Advertisement of Application for Orders Under Section 209zg of Companies Act 1955 Take notice that on the 13th day of November 1996, an application for orders under section 209zg of the Companies Act 1955, in respect of Mentec Limited, a duly incorporated company having its registered office at 291 Madras Street, Christchurch, was filed in the High Court at Christchurch. The orders sought are orders: a. Requiring the second defendant (``QTI Technologies Limited'') to pay the sum of $39,882.61 to the plaintiff, Ross Thomas Dooley and to pay the sum of $39,882.61 to the plaintiff, Stuart Raymond Loveday; b. Requiring the second defendant to repay to the defendant company any sum received by the second defendant from the defendant company during the period from the 1st day of April 1996 until the date of judgment; c. Requiring the second defendant to pay interest on any sum received by it from the defendant company at the rate of 11 percent per annum from the date that payment was received until the date that repayment is made to the defendant company; d. Requiring the third defendant (``Wengay Investments Limited'') to pay the sum of $32,853.44 to the plaintiff, Ross Thomas Dooley and to pay the sum of $32,853.44 to the plaintiff, Stuart Raymond Loveday; e. Requiring the third defendant to repay to the defendant company any sums received as ``management fees'' by the third defendant from the defendant company during the period from the 1st day of April 1996 until the date of judgment; f. Requiring the third defendant to pay interest on the sum of $213,334.00 and any other management fees that it has received from the defendant company at the rate of 11 percent per annum calculated from the day that payment was received to the day that repayment is made to the defendant company; g. That the payments referred to in the preceding paragraphs of this prayer for relief be paid within 10 working days of the sealing of any order made in this proceeding; h. That in default of payment or any part of it being made pursuant to the preceding paragraph of this prayer for relief, the fourth defendants (``James Leslie Irvine and Gaye Elizabeth Turnbull and Wendy Elizabeth Quested'') and fifth defendants (``Donald Edwin Quested and Brent Thomas Turnbull'') shall be jointly and severally personally liable for any outstanding amount, and this liability shall be enforceable as a judgment of this Court; i. Requiring the defendant company to refrain from making any payment to the second defendant, the third defendant, the fourth defendants and fifth defendants or any agent of or entities in which the fourth defendants and fifth defendants have an interest except by way of dividend, directors fees or salary pursuant to any employment contract, or pursuant to further order of the Court; j. Requiring the president of the Canterbury Branch of the New Zealand Society of Accountants to appoint one of the following accountancy practices as auditor of the defendant company: Price Waterhouse, KPMG, Coopers & Lybrand, Deloitte Touche Tohmatsu, Ernst & Young or Spicer & Oppenheim, within 1<nbspace>calendar month from the sealing of any order in this proceeding; k. Entitling the plaintiffs to appoint one director of the defendant company, such appointment to take effect by the plaintiffs giving written notice of the appointee to the defendant company's secretary and the Registrar of Companies, together with a written consent to appointment signed by the appointee and a copy of this order; l. Entitling the plaintiffs to change the appointment of director by way of notice as referred to in paragraph k of this prayer for relief; m. Deeming the appointment of any director pursuant to paragraphs k and l of this prayer for relief to remain a valid appointment until revoked by notice given by the plaintiffs or by further order of this Court; n. Deeming any director so appointed to have the same rights, powers and duties as the other directors of the defendant company; o. That the defendant company, second defendant, third defendant, fourth defendants and fifth defendants pay the plaintiffs costs of and incidental to this proceeding as set by the Court. The application is to be heard before the High Court at Christchurch on Monday, the 16th day of December 1996 at 10.00 a.m. Any person, other than the defendant company, who wishes to appear on the hearing of the application must file an appearance not later than the second working day before that day. The applicants are Ross Thomas Dooley of 220 Otipua Road, Timaru and Stuart Raymond Loveday of 25 Royal Street, Timaru, whose addresses for service are at the offices of Petrie Mayman Clark, 153 Stafford Street (P.O. Box 303 or D.X. W.A. 31-511), Timaru. Telephone: (03) 688 9018. Facsimile: (03) 688 9749. Further particulars may be obtained from the office of the Court or from the applicants or the applicants' solicitor. QUENTIN C. S. HIX, Solicitor for the Applicants.
Publication Date
5 Dec 1996

Notice Number

1996-aw7936

Page Number

4616