Notice Type
Appointment/Release of Administrators
Notice Title

B & M SECURITY LIMITED and DIGITAL CLOUD 2017 LIMITED (administrators appointed)

Notice of Appointment of Administrators

Pursuant to Sections 239AN and 239AO(1)(a) of the Companies Act 1993 (“Act”)

Notice is hereby given that Paul Thomas Manning and Jessica Jane Kellow, Licensed Insolvency Practitioners of BDO Tauranga and BDO Wellington respectively, were appointed joint and several Administrators of the following companies on 19 October 2022:

  • B & M SECURITY LIMITED (administrators appointed) by Daniel Edward Trott (as secured creditor) pursuant to section 239K of the Act; and
  • DIGITAL CLOUD 2017 LIMITED (administrators appointed) by its board of directors pursuant to section 239I of the Act.

(collectively the “Companies”).

Notice to Secured Creditors

Pursuant to section 239ABL of the Act, notice is hereby given that any creditor who has valid security over the whole, or substantially the whole of the property of the companies in administration has 10 working days from the date of administration to enforce its security, failing which it will lose its opportunity to do so, without specific leave of the administrators or of the Court.

Notice to Creditors

All creditors should forward details of any claim they may have against the companies, including details of any claims made against the assets of the companies pursuant to reservation of title or otherwise, to the administrators at the address noted below.

Notice of Joint First Meeting of Creditors

Notice is given that a joint meeting of the creditors of the companies will be held on Monday 31 October 2022 at 2.00pm (in accordance with section 239AL of the Act). The meeting will be held at the office of BDO Palmerston North Limited, 32 Amesbury Street, Palmerston North Central.

The purpose of the meeting is to determine:

  1. Whether to appoint a committee of creditors; and
  2. If so, who are to be the committee’s members.

At the meeting, creditors may also by resolution:

  1. Remove the administrators from office; and
  2. Appoint someone else as administrator of the companies.

As noted above we propose to hold a joint first meeting of creditors of the Companies. If any creditor wishes to object to the joint meeting they may do so by submitting an objection in writing to the administrators via postal, email or street address (as set out below). The administrator must receive objections by midday on Friday 28 October 2022. Unless any creditor objects in accordance with this notice, all creditors will be taken to have agreed to the joint meeting. Notwithstanding that the first creditors meeting may be a joint meeting, voting for the motions will be conducted separately for each of the companies.

Voting papers and proxy forms are to be returned not later than midday on Friday, 28 October 2022 to Brad Burness of BDO Wellington Limited by way of email to: brad.burness@bdo.co.nz or to PO Box 10340, Wellington 6143.

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.

  1. The creditor’s postal vote is invalid in respect of that different resolution; but
  2. The creditor may vote, in respect of that different resolution, either by being present in person or by proxy.

Creditors and Shareholders may direct enquiries during normal business hours to brad.burness@bdo.co.nz.

Address of Administrators: c/- BDO Wellington Limited, Level 1, Chartered Accountants House, 50 Customhouse Quay PO Box 10340, Wellington 6143. Phone: (04) 555 0728. Website: http://www.bdo.co.nz/.

Dated this 19th day of October 2022.

JESSICA JANE KELLOW and PAUL THOMAS MANNING, Joint Administrators.