COMPANY TO BE WOUND UP

Press, Volume XCIV, Issue 28092, 6 October 1956, Page 6

COMPANY TO BE WOUND UP

ORDER MADE BY SUPREME COURT On the application of R. H. Exton and Co. Ltd., frock manufacturers, of Auckland, for which Mr A. H. Cavell appeared, an order was made by Mr Justice Henry in the Supreme Court that Anthony Andersen (1952), Ltd., women's outfitters, be wound up. Mr E. B. E. Taylor, who appeared for Anthony Andersen (1952), Ltd., consented to the winding-up order. It was admitted that. judgment had been given against the company for £1093 9s 9d and that the debt had not been paid to R. H. Exton and Co. Ltd. SON AWARDED £5OO FROM ESTATE Edward Leslie Hills, a pensioner, has been awarded £5OO from the estate of his mother, Leah Crampton Hills, a widow, who died on October '2, 1955. This decision was made by Mr Justice Henry in the Supreme Court yesterday in a reserved judgment. The claim by Hills for a share o' the estate was heard on Tuesday when he was represented by Mr R. W. Edgley. Mr G. L. Caldwell appeared for the Public Trustee as executor of the will: Mr P. T. Mahon for John Louis Hills, a child welfare officer; Mr P. P. J. Amodeo for the Rev. Mother Superior of Nazareth House; and Mr A. D. Holland for the six infant children, of John Louis Hills. Of the estate, which would realise less than £l5OO after the costs of this action and administration expenses had been paid, £lOOO was left to six grandchildren and the balance to their father John Louis Hills, the brother of the plaintiff, said his Honour in his judgment. There was one small legacy which was provided for in arriving at the figures stated. John Louis Hills had recognised that the undoubted intention of his mother over the years, had been to divide her estate between; the two sons. He had also recognised; the merit of his brother’s claim. "This is a case which really comes to be considered on its own peculiar and special circumstances,” said his Honour. "I am satisfied that the testatrix had a moral obligation to help the plaintiff to put his home in

reasonable order and to have some reserve fund to meet the outgoings since the family income is so meagre and leaves little after the necessaries are bought. I have given the most anxious consideration to all that counsel have urged before me, and my conclusion is that the plaintiff should be awarded a sum of £5OO. “This sum is to be met by reducing the legacy of the grandchildren by that amount and the legacy of John Louis Hills is excepted from bearing any part thereof,” said his Honour. ORDERS FOR POSSESSION OF PROPERTY The Official Assignee (Mr G. W. Brown), who was represented by Mr P. T. Mahon, sought orders in the Supreme Court yesterday against Edward William James. Gardener, a bankrupt, and against Douglas Bruce Gardener for possession of premises at 35 Conway street. The premises form part of the property vested in the Official

Assignee under the bankruptcy of Edward William James Gardener. Douglas Bruce Gardener, who appeared, said he knew he had to move but he had been unable to get another house. Mr Justice Henry made ap order that Edward William James Gardener and Douglas Bruce Gardener give up possession of the premises forthwith to the Official Assignee but in the case of Douglas Bruce Gardener the order is to lie in Court for one month. DECREES NISI GRANTED A decree nisi was granted, on the grounds stated, to the petitioner in each of the following undefended petitions for divorce heard by Mr Justice Henry in the Supreme Court yesterday:— Separation.—Beverley Merle Rogers (Mr A. D. Holland) v Leslie Heaton Rogers (Mr G. S. Brockett); Clara Eunice Sayers more commonly known as Clara Eunice Larsen (Dr. A. L. Haslam) v George Louis Sayers more commonly known as George Louis Larsen; Agnes Mary Niven (Mr J. R. Woodward) v Vincent Niven. Desertion. —Ronald Norris O’Reilly (Mr R. W. Edgley) v Elizabeth O'Reilly.