In re South Pacific Gaming and Entertainment Ltd [2001] VUSC 33; Company Case 005 of 2000 (10 April 2001)

IN THE SUPREME C/span>

OF THE REPUBLIC OF VANUATU

class="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> Company Case No.05 of 2000

IN TTTER OF

SOUTH PACIFIC GAMING & ENTERTAINMENT LIMITED

AND

IN THE MATTER OF THE COMPANIES ACT [CAP. 191]

Ms. Jennifer Laau fe petitioner

Respondent - no appearance

p class="MsoNoMsoNormal" style="text-align: justify; margin-top: 1; margin-bottom: 1"> This was an application to wound up South Pacific Gaming & Entertainment Limited for not paying up VT6,754,612 and remain unpaid. A notice of demand was personally served at the registered office of B. D. O. Barrett & Sinclair demanding for payment of Vt6,754,612.

Fe to pay the amount this Petition was taken out by the petitioner for wounding up of p of the said company. Ms. Jennifer Laau for the petitioner applied to wind up the company as the company is unable to pay its debt.

Law

A petitioner has power to make petito Court for winding up of company under Section 226 for reor reasons under Section 224 of the Companies Act. Under Section 217 the Court as in this case the Supreme Court has power to make order including order for winding up. As in this case the grounds for winding up will be under Section 224 (e) and that is for unpaid debt. The amount is 6,754,612 which far exceed the requirement of VT10,000 or more and demand was issued.

Tore pursuant to Section 227 I see no reason why I cannot grant winding up order of thof the company South Pacific Gaming & Entertainment Limited. I therefore grant the applicant and the South Pacific Gaming & Entertainment Limited is now wound up.

ass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> Dated at Port Vila, this 10^th day of April, 2001.

R. MARUM MBE

JUDGE.

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p class="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> IN THE MAGISTRATE’S COURT

OF THE REPUBLIC OF VANUATU

Company Case No.05 of 2000

SOUTH PACIFIC GAMING & ENTERTAINMENT LIMITED

AND

IN THE MATTER OF THE COMPANIES ACT [CAP. 191]

Ms. Jenniaau for the petitioner

Respondent - no appearance

COURT ORDER

UPON HEARING Ms. Laa. Laau for the petitioner, I hereby make the following orders:-

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1. &nnbsp;;&nspp;&nsp; &nsp; &&nbp;; &nnsp;& Than>That South Pacific Gaming & Eainmemitedow wound up;

2.&t;"> &nnsp;&&nsp;;&nspp;&nssp;&nsp; That Southfic ific Gaming & Entertainment Limited pay the costs of this aationpan>< ">

Dated at Port Vila, this 10^th day of April, 2001.>

R. MARUM MBE

JUDGE