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PNG
PNG
PNG - Pinnacle Point Group Limited - Full notice of winding-up order
PINNACLE POINT GROUP LIMITED
(Incorporated in the Republic of South Africa)
(Registration Number 2000/000059/06)
JSE Share code: PNG
NSE Share code: PNG
ISIN: ZAE000127122
("Pinnacle Point" or the "Company")
FULL NOTICE OF WINDING-UP ORDER
Further to the SENS announcement dated 26 September 2011 and 6 October
2011, shareholders are provided with the full winding-up order:
Provisional winding-up order in terms of Section 132 of the Companies
Act No. 71 of 2008 and Section 346 of the Companies Act No. 61 of
1973:
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NO: 192383/11
In the matter of:
MICHAEL JOHN LANE Business Rescue
Practitioner
In re: the matter between
CAPE POINT VINEYARDS (PTY) LTD Applicant
and
PINNACLE POINT GROUP LIMITED First Respondent
(Registration number: 2000/000059/06)
THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION Second Respondent
and in the matter between:
ATVANTAGE PROJECT MANAGERS (PTY) LTD Intervening Party
(Registration number: 2001/018653/07)
and
CAPE POINT VINEYARDS (PTY) LTD Applicant
and
PINNACLE POINT GROUP LIMITED Respondent
(Registration number: 2000/000059/06)
Winding-up application in terms of Section 132(2)(a)(ii) of the
Companies Act No. 71 of 2008
Having heard Counsel for the Business Rescue Practitioner, the
Applicant and the Intervening Party, it is ordered by agreement:
1. That the Applicant`s non-compliance with the forms and service
provided for in Rule 6 of the Uniform Rules of Court be condoned
and that this matter be heard as one of urgency in terms of Rule
6(12) thereof.
2. That the business rescue proceedings of the Company are converted
to liquidation proceedings in terms of Section 132(2)(a)(ii) of
the Act.
3. That a rule nisi be issued calling upon any interested party to
appear and to show cause, if any, to this Honourable Court on
FRIDAY, 4 NOVEMBER 2011 at 10h00 or as soon thereafter as counsel
may be heard as to:
3.1 why the Company should not be placed under final
liquidation; and
3.2 why the costs of this application should not be costs in the
winding-up.
4. That service of this Order be effected:
4.1 by notifying creditors of the First Respondent of this
Order, by way of electronic mail;
4.2 by notifying shareholders of the First Respondent of this
Order having been granted, by way of:;
4.2.1 electronic publication on the SENS publication
service, provided by the Johannesburg Stock Exchange;
and
4.2.2 electronic mail, to such shareholders whose
electronic mail addresses are known to the First
Respondent;
4.3 by serving a copy of the Order on the First Respondent at
its registered office at Arcay House, 3 Anerley Road,
Parktown, Johannesburg, 2193;
4.4 by notifying the employees of the First Respondent, by way
of attaching a copy of this Order to the First Respondent
notice board, alternatively a prominent and visible place at
the offices of the First Respondent situated at its
principal place of business at Ground Floor, Travers House,
Boundary Terraces, 1 Mariendahl Lane, Newlands, Cape Town;
4.5 by publication of this Order in one edition of the Business
Day.
5. That the Intervening Party`s costs in the winding-up application
brought under case number 10352/2011, brought by it as applicant,
be costs in the winding up under this case number.
By order of the Court
Court Registrar
TAKE NOTICE that you may obtain copies of the winding-up order from Mr
C Assheton-Smith, telephone number 021 - 417 3300 and e-mail
cas@glynmarais.co.za or Mr A Ginsberg, telephone number 021 - 417 3300
and e-mail aginsberg@glynmarais.co.za of attorneys Glyn Marais Inc who
are acting on behalf of the Applicant in the winding-up order.
Johannesburg
11 October 2011
Designated Advisor
Arcay Moela Sponsors (Proprietary) Limited
Date: 11/10/2011 16:00:01 Produced by the JSE SENS Department.
The SENS service is an information dissemination service administered by the
JSE Limited (`JSE`). The JSE does not, whether expressly, tacitly or
implicitly, represent, warrant or in any way guarantee the truth, accuracy or
completeness of the information published on SENS. The JSE, their officers,
employees and agents accept no liability for (or in respect of) any direct,
indirect, incidental or consequential loss or damage of any kind or nature,
howsoever arising, from the use of SENS or the use of, or reliance on,
information disseminated through SENS.
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