West Australian Meat Export Works Act 1942 (WA)
1942.] West Australian: Meat Export Works. [No. 24.
WEST AUSTRALIAN MEAT EXPORT
WORKS.
6 0 GEO. VI., No. XXIV.
No. 24 of 1942.
AN ACT to ratify an agreement for the purchase by the Government of Western Australia of the under- taking, assets, and business of the West Australian Meat Exports Company, Limited ; to ratify the purchase price paid in accordance with the terms of the said agreement ; to establish the West Aus- tralian Meat Export Works as a State Trading Concern ; to validate all transactions hitherto carried on by the West Australian Meat Export Works, and for other purposes.
[Assented to 9th December, 1942.]
BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—
1. This Act may be cited as the West Australian Meat Short title.
Export Works Act, 1942.
| The agreement set out in the Appendix hereto and the payment of the purchase price specified in clause | Ratification of agreement ant |
| payment of | |
| purchase | |
| three of the said agreement is hereby ratified and the | price. |
| said agreement may and shall he carried into effect. |
2.
| The West Australian Meat Export Works, as the same is being carried on at the commencement of this | West Austra- lian Meat Ex |
| Port Works established. | |
| Act, is hereby established as a Stab trading concern |
3.
| No. 24.] West Australian Meat Export Works. | [1942. |
under the name of "The West Australian Meat Export Works," and it is hereby declared that such trading concern shall be subject to the State Trading Concerns Act, 1916.
Prior transac-
| tions of West | 4. In so far as may be necessary, all transactions en- |
| Australian | Meat Export a agaged in, carried on, and conducted prior to the com- | |
|
Shall be and are hereby validated, and all contracts made
in relation to the business of the said West Australian Meat Export Works shall have effect at law and in equity according to the tenor thereof respectively.
APPENDIX.
AN AGREEMENT made this fifth day of June 1942 BETWEEN THE WEST AUSTRALIAN MEAT EXPORTS COMPANY LIMITED a company duly incorporated under the Companies Act 1893 and having its registered office and principal place of business situate at Rohbs Jetty Fremantle in the State of Western Australia (hereinafter with its successors and assigns referred to as "the Com- pany") of the one part and THE HONOURABLE JOHN COLLINGS WILLCOCK M.L.A. of Treasury Buildings Barrack street Perth in the said State Treasurer in the Government of Western Australia acting herein for and on behalf of the said Government (and here- inafter with his successors in office referred to as "the Treasurer") of the other part:
WHEREAS the Company is
| (a) | the registered proprietor of an estate in fee simple in the |
land described in the First Schedule herein:
| (b) | the registered lessee of an estate in leasehold in the lands |
set forth in the Second Schedule herein: and
| (c) | the owner of certain plant machinery fittings and fixtures |
goods and chattels situate on or about the said lands:
AND WHEREAS the said Company carries on on the said land an extensive 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. Government 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 elk "to sell the undertaking or all or any part of the property of the Company:"
NOW THEREFORE IT IS AGREED as follows:-
1. The Company shall sell and the Treasures shall purchase the
undertaking of the Cirmpany which expression shall be deemed to
include all the lands mildings hereditaments goods chattels moneys
1942.] West Australian Meat Export Works. [No. '24.
credits debts bills notes goodwill things in action contracts agreements securities and other assets whatsoever and wheresoever of the Com- pany:
As a part of the consideration for the said sale the Treasurer shall undertake pay satisfy discharge perform and fulfil all the debts liabilities contracts engagements and obligations of the Company whatsoever (including taxation owing and to become owing) and shall indemnify the Company against all actions proceedings claims and demands in respect thereof :
2.
As a further consideration the Treasurer shall pay to the Com-
pany the sum of SEVENTY-FOUR THOUSAND AND SIXTY-
FOUR POUNDS (£74,064.) cash:
3.
The sale and purchase hereby agreed to be made shall be com- pleted on the 30th day of June 1942 when the said consideration in cash shall be paid to the Company by the Treasurer 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.
4.
The Company shall not for a period of twenty (20) years from 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:
5.
FIRST SCHEDULE referred to
Portion of Cockburn Sound locations 102, 109, 133 and 280 being lot 12 on plan 3727 being the whole of the land comprised in Certificate of Title registered in Volume 608 Folio 26 save and except such portion of the said land as is comprised in public road marked "Entrance" on Plan 4097:
SECOND SCHEDULE referred to
Fremantle Lots 1594, 1595, 1596, 1597 and 1508 being the land comprised in Lease 4221-153 Crown Lease 573-1919:
IN WITNESS whereof the parties hereto have hereunto set their countersigned by :—
hand and seals the day and year first hereinbef ore written.
THE COMMON SEAL of THE WEST AUS-
TRALIAN MEAT EXPORTS COMPANY
LIMITED was hereto affixed by authority of the
ALEX J. MONGER, Director
SIGNED SEALED AND DELIVERED by the
said THE HONOURABLE JOHN COLLINGS
| WILLCOCK M.L.A. Treasurer for and in the | J. W1LLCOCK |
| Government of Western Australia in the presence of:— |
Alex J. Reid
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