HIGH COURT OF ON ISLANDS
/p>
Civil Case No. 272 of 1997
IN THE MATTER OF SECTION 7
OF THE
COMPANIES ACT
AND
IN THE MATTER
OF
HARVEST
PACIFIC LIMITED
High Court
of Solomon Islands
Before: Lungole-Awich, J
Civil Case No. 272 of 1997
Heari2th March 1998
Judgment: 12th March 1998
class="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1">
Counsel: A. Radclyffe for the Petitioner
JUDGMENT
(Lungole-Awich
J):
Alteration of the Memorandum of Association in the object clause is
confirmed. The proposed alteration falls under section
7(1)(d) of the
Companies Act. The inclusion of the business of TNT, proposed, would be
conveniently and with great advantage carried on together with the
present
business of the petitioner at object clause 7(a) in the Memorandum of
Association. The business at object clause
7(a) includes air and sea freight
business. TNT�s business includes and is mainly courier business, especially
by air
and sea between countries. The proposed business is not completely
new and unrelated to the present businesses of the Petitioner,
as enumerated
in the object clause.
Confirmation is subject to:
class="Mso="MsoBodyText2" style="margin-left: 36.0pt; margin-top: 1; margin-bottom: 1">
1. The petitioner giving written notice to shalders
within 7 days requiring them to file any objectbjection at court within
7 days of
receipt of the notice from the petitioner, and no objection is filed at the
High Court.
2. The Petitioner giving written notice to its trade creditorditors within 7
days, requiring them to file any objection
at court within 7 days of receipt
of notice from the petitioner, and no objection is filed at the High Court,
or
3. Thetioner pays of all trade crde creditors except those who consent to
the alteration of the object clause.
4. If the above conditions are fulfilled, the petitioner need not return to
court; it may proceed with the rest of the
steps required by Companies Act,
to complete alteration of the object clause.
No order as to costs.
Dated thth day of March arch 1998
class=lass="MsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1">
Sam Lungole-Awich
JUDGE
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/sb/cases/SBHC/1998/20.html
