Take notice that on the 31st day of July 2002, an application for an order, under section 174 of the Companies Act 1993, in respect of Foremost Partners Limited, was filed in the High Court at Rotorua.
The orders sought are:
(a) requiring the defendant company and/or the second defendants (Mark David Slade and Darryl Anthony Aston) to acquire the plaintiff's shares in the defendant company;
(b) requiring the defendant company and/or the second defendants to pay compensation to the plaintiff;
(c) regulating the future conduct of the affairs of the defendant company;
(d) altering or adding to the constitution of the defendant company;
(e) appointing a receiver of the defendant company;
(f) putting the defendant company into liquidation; and
(g) that the defendant company and/or the second defendants pay the costs of the plaintiff of and incidental to this proceeding on a solicitor/client basis.
The application is to be heard before the High Court at Rotorua on the 26th day of September 2002 at 10.00 a.m. (on a reserved basis, and in the event that it is not then reached, on the 21st day of October 2002 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
the first mentioned date.
The plaintiff is Frank Blewitt, whose address for service
is at the offices of Ross Devitt & Associates, 1/106 Bush Road, North Harbour, Auckland.
Further particulars may be obtained from the office of the Court or from the plaintiff's solicitor.
Dated this 12th day of August 2002.
W. ROSS DEVITT, Solicitor for the Plaintiff.