Notice Calling for Final Claims by Creditors
In the matter of the Companies Act 1993, and in the matter of HIH CASUALTY AND GENERAL INSURANCE (N.Z.) LIMITED (in liquidation) and FAI (NZ) GENERAL INSURANCE COMPANY LIMITED
(in liquidation):
Further and final call for claims by creditors in the liquidation of HIH CASUALTY AND GENERAL INSURANCE (N.Z.) LIMITED (in liquidation) (HIHC&G) and FAI
(NZ) GENERAL INSURANCE COMPANY LIMITED
(in liquidation) (FAINZ).
Kerryn Mark Downey and William Guy Black, the liquidators of each of FAINZ and HIHC&G (together,
the companies, and each a company), hereby fix 1 March 2011 as the day on or before which the creditors of FAINZ and HIHC&G (respectively) are to make their claims in the liquidations of FAINZ and HIHC&G (as the case may be) and to establish any priority which their claims may have under section 312 of the Companies Act 1993.
If a creditor of FAINZ or HIHC&G (as the case may be) does not make a claim on or before 1 March 2011, the liquidators of the relevant company may exclude the creditor from the benefit of any distribution made to the creditors of that company or to other entitled persons before the creditor has made his or her claim.
If a creditor of FAINZ or HIHC&G (as the case may be) fails to establish any priority that his or her claim may have on or before 1 March 2011, the creditor may be excluded from objecting to any distribution made in respect of that company before the priority of his or her claim is established.
Please note that if a creditor of FAINZ or HIHC&G
wishes to make a claim in respect of a contingent liability
or otherwise for an unliquidated amount, they are to the
best of their ability to value the amount of their claim and
to provide the best available evidence in support of the valuation and the claim.
Claim forms in respect of each of FAINZ and HIHC&G may be obtained from the liquidators (details below).
In respect of claims received by the liquidators on or before 1 March 2011, the liquidators may:
(a) admit the claim (in whole or in part);
(b) reject the claim (in whole or in part); or
(c) where a claim (or part of a claim) is for an
amount which is not certain, make an estimate of
the amount of the claim or refer the matter to the High Court for a decision on the amount of the claim.
The liquidators have, with the approval of the High Court, established a process to deal with the estimation of claims where necessary.
That process will be explained in more detail to claimants
to whom that process will apply.
Dated at Auckland this 30th day of September 2010.
KERRYN MARK DOWNEY, Joint and Several Liquidator.
Address of Liquidators: C/o McGrathNicol, Level 17,
34 Shortland Street, Auckland. Telephone: (09) 926 5117. Facsimile: (09) 366 4656. Email: mlens@mcnp.co.nz