Notice of Meeting of Creditors
Pursuant to Section 243 of the Companies Act 1993 (“Act”)
Notice is hereby given that, pursuant to section 243 of the Act, a meeting of the creditors of the company will be held on 13 June 2022. Pursuant to Schedule 5 clause 1(c) of the Act, the meeting will be held by way of postal ballot.
The purpose of the meeting is:
- to determine whether to confirm the appointment of the current liquidators or appoint other liquidators in place of the current liquidators;
- to determine whether to appoint a liquidation committee; and
- to provide creditors with an opportunity to determine whether to pass a resolution to express their views on the liquidation.
The following resolutions will be submitted for voting on at the meeting:
- That the appointment of David Ian Ruscoe and Malcolm Russell Moore as liquidators of the company be confirmed.
- That other liquidators of the company be appointed in place of the current liquidators (this will become relevant only if Resolution 1 is not passed).
- That the replacement liquidators of the company be:
- Andrew Grenfell and Kare Johnstone, of McGrathNicol, Auckland (jointly and severally); or
- Damien Grant and Adam Botterill, of Waterstone Insolvency, Auckland (jointly and severally)
(this will become relevant only if Resolution 1 is not passed, and Resolution 2 is passed).
Creditors may exercise their right to vote only by postal vote1.
Postal votes must be received by no later than 5.00pm on Thursday, 9 June 2022 and should be sent to: The Liquidators, ARMSTRONG DOWNES COMMERCIAL 2012 LIMITED (in liquidation), c/- Grant Thornton NZ Limited, PO Box 10712, Wellington 6012. Email: email@example.com.
David Ian Ruscoe, as one of the liquidators of the company, is authorised to receive and count postal votes in relation to the meeting.
Dated this 31st day of May 2022.
DAVID IAN RUSCOE, Liquidator.
1 This notice is required to state that:
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:
- the creditor’s postal vote is invalid in respect of that different resolution; but
- the creditor may vote, in respect of that different resolution, either by being present in person or by proxy.