In the Matter of Winding up of Hotel Cecil Ltd (In Liquidation) [1961] PGSC 12 (6 October 1961)

IN THE SUPREME COURT OF THE
TERRITORY OF PAPUA AND NEW GUINEA

Judgment 232

M.P. 7,8 og 1960 (N.G.)
M.P. 9, 10,11,12,13 and 14 of 1960 (P)
M.P. 22 of 1960,

IN THE MATTERS OF THE WINDING-UP OF HOTEL CECIL LIMITED
(IN LIQUIDATION) AND OTHERS.

JUDGMENT OF HIS HONOUR MR. JUSTICE OLLERENSHAW

DELIVERED THE SIXTH DAY OF OCTOBER, 1961

ORDER TO SHOW CAUSE.

MOTION TO STAY WINDING-UP. PROCEEDINGS.

It is clear to me from the order made by His Honour the Chief Justice on the Twenty-eighth day of July, 1961, that he proposed to make a final stay of the several winding-up proceedings if the Terms and Conditions which he prescribed in the Schedule to that Order were complied with.

It is also clear from the Order to Show Cause made by His Honour on the Twelfth day of September, 1961, that he contemplated that a stay might still be granted notwithstanding a failure to comply with all the Terms and conditions by the times fixed in such Order.

There is evidence before me to the effect that the Terms and Conditions imposed by His Honour have now been complied with and there is nothing before me to suggest that any interested person has been prejudiced by the short delay in complying with some of the Terms and Conditions.

The Official Liquidators make no objection to a final stay being granted.

In these circumstances I consider that cause has been shown and that a stay should be made.

JUDGE