Notice of Creditors’ Meeting
Pursuant to Sections 243 and 314 of the Companies
A meeting of creditors is to be held pursuant to sections 243 and 314 of the Companies Act 1993.
The meeting will be held at 10.00am on 22 July 2008, at
the offices of DLA Phillips Fox, Level 5, Tower Building, 50–64 Customhouse Quay, Wellington.
The business to be transacted at the meeting will be:
(a) an address to the creditors by the liquidator on progress with the liquidation up until the time of
(b) to vote for either the confirmation of the
existing liquidators or the appointment of replacement liquidator(s) to the company;
(c) to consider the appointment of a liquidation committee; and
(d) to convey the views of the creditors to the liquidator.
The following resolutions will be submitted to the meeting:
Resolution A – That another liquidator be appointed in place of the appointed liquidators (section 243(1)(a) of the Companies Act 1993); or
Resolution B – That a liquidation committee be appointed to act with the liquidators (section 314(1)(a) of the Companies Act 1993).
Please Note: The position is unremunerated but does
confer certain rights, primarily access to information. Should anybody wish to be appointed, they may offer themselves as candidates for appointment at the creditors’ meeting.
Resolutions of the Creditors
The liquidators will give regard to the views of the creditors conveyed by any further resolutions the creditors pass at the meeting.
Creditors may exercise their rights to vote by having filed
a creditor claim form and being present in person, or by appointing a proxy or by postal vote.
If a creditor votes by casting a postal vote in respect of
a resolution that is to be submitted to the meeting and a different resolution is submitted to the meeting:
(a) the creditors’ postal vote is invalid in respect of that different resolution; but
(b) the creditor may vote, in respect of that different resolution, either by being present in person or by proxy.
For voting purposes, creditors’ claims and proxies must
be lodged with the liquidators at the address below by
17 July 2008.
Postal votes must be received at the address below by
17 July 2008.
The person authorised to receive and count postal votes is Chris Dunphy.
Address voting papers, proxies and any enquiries to
Jayme Dixon, Shephard Dunphy Limited, Level 2, Zephyr House, 82 Willis Street (PO Box 11793), Wellington. Telephone: (04) 473 6747. Facsimile: (04) 473 6748. Email: email@example.com
CHRIS DUNPHY, Liquidator.