AN AGREEMENT made the 11th day of October, One thousand nine hundred and forty-five BETWEEN ALBANY FREEZING WORKS LIMITED a Company duly incorporated under the Companies Act 1893 and having its registered office and principal place of business situate at 42-56 Beach street Fremantle in the State of Western Australia (hereinafter with its successors and assigns referred to as }the Company~) of the one part and THE HONOURABLE FRANK JOSEPH SCOTT WISE M.L.A. of Treasury Buildings Barrack street Perth in the said State Treasurer in the Government of Western Australia and acting herein for and on behalf of the said Government (hereinafter with his successors in office referred to as }the Treasurer~) of the other part.
WHEREAS the Company is the owner of certain plant machinery fittings and fixtures goods chattels and effects situate at Deep Water Jetty Albany and Beach street Fremantle.
AND WHEREAS the Company carries on business in respect of the treatment and export of meat together with such other business as the Company pursuant to its Memorandum of Association is empowered to conduct.
AND WHEREAS the Company desires to sell and the Treasurer for and on behalf of the State of Western Australia desires to purchase the undertaking of the Company together with all its assets and business as a going concern.
AND WHEREAS pursuant to its Memorandum of Association the objects of the Company are inter alia }to sell the undertaking of the Company.~
NOW THEREFORE IT IS AGREED as follows: ¾
1. The Company shall sell and the Treasurer shall purchase as at the 30th day of June 1945 the undertaking of the Company which expression shall be deemed to include all the buildings hereditaments goods chattels moneys credits debts bills notes goodwill options things in action contracts agreements securities and other assets whatsoever and wheresoever of the Company save and except the assets of the butcher's shop know as }Hill and Co~ Albany.
2. The value of the whole of the said assets of the Company is fixed at the sum of Fifty-eight thousand two hundred pounds (£58,200) (subject to adjustment in respect of stock sundry debtors sundry creditors and sundries such adjustment to be certified by the Auditor General and the Company's auditors) which sum less the Company's existing liability to the Treasurer shall be paid to the Company by the Treasurer on or about the 31st day of October 1945 and the Company shall execute all such assurances and documents and shall do all such things as shall be reasonably required by the Treasurer for vesting in him or his nominee the whole of the assets of the Company save and except as hereinbefore mentioned.
3. The Company shall not for a period of twenty years form the date hereof either directly or indirectly undertake or carry on or be engaged concerned or interested either alone or in partnership with any other person firm or company or otherwise in a business of a like nature to that carried on by the Company prior to this agreement within the State of Western Australia and will not in the said period solicit orders or seek to obtain business or permit the Company's name to be used for such purpose for or by any person carrying on or about to carry on such business within the said State.
4. This Agreement shall not take effect unless and until ratified by the Parliament of this State.
IN WITNESS whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written.
|THE COMMON SEAL of ALBANY |
FREEZING WORKS LIMITED
was hereunto affixed by resolution
passed at a meeting of Directors
on the 11th day of October 1945 by
F. R. HERON, Director
J. S. FOULKES, Director
in the presence of:
A .E. Boneham, Secretary
|SIGNED SEALED AND DELIVERED |
By THE HONOURABLE FRANK
JOSEPH SCOTT WISE M.L.A.
Treasurer in and acting here in
for and on behalf of the Government
of Western Australia in the presence of:
R. H. Doig
|F. J. S. WISE|