1. Members of the public are notified that on or about
20 July 2011 an application for orders under section 174 of the Companies Act 1993 in respect of THE DRAIN MAN LIMITED and WAIWHERO SEWERAGE DESIGN SYSTEMS LIMITED ("the defendant companies") was filed in the High Court at Nelson.
2. The orders sought relate to:
2.1 The valuation of shares in the defendant companies by an independent accountant and the procedure for that;
2.2 The quantification of the amount owing to the plaintiff under his shareholder current accounts, and the amounts owed by the third and fourth defendants to the defendant companies under their shareholder current accounts, and repayment of those accounts;
2.3 Accounting for any loans or transactions entered into by the defendant companies at the direction of the third and fourth defendants;
2.4 The repayment of any loan advanced by THE DRAIN MAN LIMITED to WAIWHERO FOREST LIMITED and the repayment by the
third and fourth defendants of their shareholder current accounts to the defendant companies;
2.5 In the event that the defendant companies cannot repay the plaintiff’s shareholder current accounts, the liquidation of the defendant companies; and
2.6 In the event that the plaintiff’s shareholder current accounts are repaid and the defendant companies are not liquidated, the purchase of shares in the defendant companies and consequent director resignation.
3. The application is to be heard by the High Court at Nelson on 19 October 2011 at 10.00am.
4. A person, other than the defendants, who wants to appear at the hearing of the application must file an appearance not later than the second working day before that day.
5. The plaintiff is Richard Eruera Nicholls whose address for service is at the offices of Johnston Lawrence Limited, Lawyers, Level 5, Deloitte House, 10 Brandon Street, Wellington (email: nicholas@johnlaw.co.nz).
6. The plaintiff’s solicitor is Nicholas Burley of Johnston Lawrence Limited, whose address is as noted above.
Note: You may obtain further information from the registry of the Court or from the plaintiff or the plaintiff’s solicitor.
Dated this 23rd day of September 2011.
N. BURLEY, Solicitor for the Plaintiff.