Take notice that on 7 June 2007, an application for an order, under section 174 of the Companies Act 1993, in respect of Chep Investment Holdings Limited, was filed in the High Court at Christchurch.
The order sought is an order that:
(a) The defendant company be able to provide a guarantee and mortgage security over properties to support advances;
(b) The defendant company be able to provide a guarantee and mortgage security over the properties to support advances to the shareholders on reasonable terms;
(c) The defendant company allow the shareholders to secure advances made to them against the properties on reasonable terms; or
(d) The defendant company sell to Cheryl May Francis or nominee three units belonging to the defendant company at market value and that Paul Francis and Cheryl May Francis transfer their shares in the defendant company to Errol Anthony McGeady and Honor Therese McGeady at market value or at any other price determined by the Court to be a fair value;
(e) The plaintiffs’ costs of and incidental to this proceeding be met by the defendant company; and
(f) Any other order that the Court thinks fit to make as it considers just and equitable in the circumstances to resolve any prejudice suffered by the plaintiffs.
The application is to be heard before the High Court at Christchurch on 16 July 2007 at 10.00am.
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 plaintiffs are Cheryl May Francis and Paul Francis, whose address for service is Malley & Co, Lawyers,
Level 10, 47 Cathedral Square, Christchurch. Telephone: (03) 379 0712. Facsimile: (03) 365 4613 (Attention: John Shingleton).
Further particulars may be obtained from the office of the Court or from the plaintiffs or the plaintiffs’ solicitor.
JOHN SHINGLETON, Solicitor for the Plaintiffs.