A company was formed for the purpose of establishing in England, public day schools for the education of girls. The position on the day appointed by the minister of Town and Country planning under the 1947 Act, section 119, namely July 18th 1948, what was that the articles of the company empowered the preference shareholders, in seeking to enforce their rights in relation to arrears of dividends or the return of their capital, to put to the company into liquidation.
Held: That being one of the purposes for which the land was held on the appointed today, it was impossible to say that it was, on that day, held for charitable purposes only. It was immaterial that none of the preference shareholders had any intention of enforcing his rights; the determination by the minister that the land was not land to which section 85 of the 1947 Act applied was therefore right, and the company was accordingly not exempt from development charge under section 85.
Roxburgh J
[1951] Ch 400, (1951) 95 Sol Jo 76, (1951) P and CR 423
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.653168
