In the High Court of New Zealand, Dunedin Registry
M. No. 1/01
Under section 174 of the Companies Act 1993, between Allan David Whitfield, of 39 Friendship Drive, Waldronville, Dunedin, company director-Plaintiff:
And-Valley Industries (Dunedin) Limited, a duly incorporated company having its registered office at
151 Kaikorai Valley Road, Dunedin, and carrying on business inter alia as metal fabricators-First Defendant:
And-Howard Adrian Saunders, of 14 Downes Road, Dunedin, company director-Second Defendant:
And-Barry Wayne Whitfield, of 43 Argyle Street, Dunedin, company director-Third Defendant:
Take notice that on the 24th day of January 2001, an application for orders, under section 174 of the Companies Act 1993, in respect of Valley Industries (Dunedin) Limited, was filed in the High Court at Dunedin.
The orders sought are:
1. An order requiring the defendant company to pay compensation to the plaintiff in a sum equivalent to the plaintiff's dividend entitlements had the company not paid the second and third defendants the "salary due to working directors".
2. An order setting aside any payments made by the defendant company in breach of the defendant company's constitution or in breach of the Companies Act 1993.
3. Orders regulating the future conduct of the defendant company's affairs, namely:
(a) Any directors' fees and "salary due to working directors" shall be of such amounts as specified by this Court.
(b) That dividends or shareholders' salaries shall be paid equally to all shareholders.
4. That the defendant company shall purchase the plaintiff's shares in the defendant company pursuant to the procedures specified in the constitution of the defendant company.
5. The costs and disbursements of and incidental to this proceeding.
6. Such further or other relief as the High Court thinks fit.
The application is to be heard before the High Court at Dunedin on the 7th day of March 2001 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 plaintiff is Allan David Whitfield, whose address for service is at the offices of Farry and Co, Barristers and Solicitors, Level Seven, Forsyth Barr House, 35 The Octagon, Dunedin.
Documents for service on the above-named plaintiff may be left at that address for service or may be:
(a) Posted to the solicitor at P.O. Box 5419, Dunedin; or
(b) Transmitted to the solicitor by facsimile on (03) 474 0390.
Further particulars may be obtained from the office of the Court or from the plaintiff's solicitor.
M. G. NIDD, Solicitor for the Plaintiff.