Reports of Cases Argued & Determined in the Supreme Court of Queensland; With Tables of Cases and Index Volume 3

Reports of Cases Argued & Determined in the Supreme Court of Queensland; With Tables of Cases and Index Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...I ought to be slow toquestion the discretion of those who must have better means than I at present have of knowing, whether the procuring of an advance was likely or not to be beneficial to the members of the company. I would add, that if those shareholders who now regard the purchase as injudicious had attended the meeting, and there urged their reasons against it, they might possibly have prevailed. But of the three members who, it is suggested, are most aggrieved, one left the meeting of the 19th early, and another did not attend at all. Had all three been present, or represented, their success would have depended on the cogency of their arguments; 'for their concordant votes would not necessarily have determined the question in their favour. I have now virtually disposed of that part of the relief sought which has reference to the purchase. The plaintiff will succeed on the rest of the bill. I think that, on the retirement of Mr. Miles under the circumstances stated, the number of members of the company became less than seven, and that with the liability of the plaintiff under s. 48 of the Act, there accrued a corresponding right. In the exercise of this right, the plaintiff, according to par. 23 of his bill and par. 13 of his affidavit, and par. 23 of that of Mr. Cowlishaw, is obstructed. Consequently Hall v. Hall (12 Beav. 414) applies. So much of this bill as relates tothe subject matter of paragraphs 1 and 2 of the prayer must be dismissed, and the plaintiff must pay the defendants Mr. Miles, Mr. T. B. Stephens, and Mr. Baynes their costs in respect thereof. As to the residue of the bill, the relief prayed in paragraph 3 must be granted, and the defendants Mr. Stephens and Mr. Baynes, must pay the plaintiff his costs in more

Product details

  • Paperback | 92 pages
  • 189 x 246 x 5mm | 181g
  • English
  • Illustrations, black and white
  • 1236973062
  • 9781236973061