Acts
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The court considered the propriety of the cross examination of a witness of the statements of others. The plaintiff company in liquidation, sought rescission of a contract for the purchase of land. In the course of the liquidation and after the commencement of the action certain persons were examined under section 115 of the 1862 … Continue reading North Australian Territory Co v Goldsborough, Mort and Co: CA 1893
The powers given under the sections should not be used oppressively. Citations: (1890) 45 Ch D 87 Statutes: Companies Act 1862 115 117 Cited by: Cited – Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions HL 31-Jul-2003 (Orse In re Pantmaenog Timber Co Ltd)The Receiver sought to use … Continue reading Re North Australian Territory Co: 1890
Sir William James V-C dismissed a petition for the winding up of a company which had issued large numbers of life policies and annuity contracts, and appeared to be in financial difficulties. He rejected the basis of the ‘just and equitable’ ground in section 79(5) of the 1862 Act, saying: ‘And in my view of … Continue reading In Re European Life Assurance Society: 1869
Section 35 of the Companies Act of 1862 provides that ‘If the name of any person is without sufficient cause entered in or omitted from the register of any company under this Act . . the person or member aggrieved, or any member of the company, or . .