In re Harvest Pacific Ltd [1998] SBHC 20; HC-CC 272 of 1997 (12 March 1998)

HIGH COURT OF ON ISLANDS

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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

Heari2^th March 1998
Judgment: 12^{th 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 th^th day of March arch 1998

class=lass="MsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> Sam Lungole-Awich
JUDGE