APPEAL ALLOWED

Evening Post, Volume CIX, Issue 81, 5 April 1930, Page 14

APPEAL ALLOWED

CHRISTPHUE CRr CASE

Kescrved judgment was delivered yesterday afternoon by the Cinirt of Appeal in the case of George William Tench .against Tench Bros., Ltd.,.' motor importers, of Christchurch. The appeal was from a decision of his Hormiur Mr. Justice Adams, who granted a slay of-proceeding against the appellant in respect ot Ins petition to have the resptu locnt company, in which he was a. partner* wound up. a\s Honour -held: that .the.-, pie)tition was not brought in good faith fee the legitimate purpose of a winding-tip , order, but n-itu the intention: of bringing'pressure to bear on the directors to force f.them to buy the appellant's shares. ' . His Honour the Chief Justice (bir Michael Myers) stated <:m his, judgment that in his opinion, on ii the material before the Court, the juiisdiction to stay or dismiss an action had ,unot been properly' exercised. - The petition was not being heard on its merits; tho question .was merely whether an order should be made staying or dismissing the petition as an abuse of process', and (alms preventing a hearing on the merits. I His Honour held that the petitioner'was •entitled to proceed with the petition and have it heard on its merits in the ordinary course. Mr. Justice Herdmait am! Mr. Justin Blair concurred with the views of the Chief Justice, .and- Mr. Justice Smith ami Mr. Justice Kennedy /delivered separate judgments, also in agreement. At the ■ hearing Mr. p. R. Hosgard appeared for the appella at, and Mr. M. J. Gresson, with him Mi>. L. Gee, for the respondent company. '