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A MINING CASE.

THE EUROPEAN CM. COMPANY,

QUESTION OF RECOVERY OF

CALLS

At the Magistrate's Court this morning- Mr it. \V. Brabant, S.M., gave written judgment in the ease. Official Assignee in Bankruptcy as the Liquidator oi: the European G.M. Go. (Limited) in liquidation v. Wm. Hundley, mineral water manufacturer. The claim was for .C 4 3/4, being the amount of nil unpaid call prior to the company's going1 into liquidation, and the question was whether the liquidator could recover this and other unpaid calls, the !il days prescribed by the Mining Companies Act for sumg1 having etapsed.

Air Me. A lister, my true fed by the Crown Solicitor, appeared lor the plaintiff, and Mr Jackson Palmer for defendant.

Argument was heard on a former court day, and His Worship now gave, judgment. He said Unit Jui had mail nil the eases to which counsel had referred him and if did not seem to him that the easea cited for the defence would help him in coining* to a decision. His YYor.ship concluded his judgment as follows: In my opinion the liquidator can recover the call as a debt due to the company, and the ea.se of the liquidator of the Victoria Quart/ Mining Company (Limited) v. Kerr (11 IX.Z.L. 11. 20) is very much in point. It: was in it decided 'that, where a, call had been made in resped to shares in a company incorporated under the Mining Companies Act, issti, and the.se shares had been forfeited I'or non-paymeni, and iil'terwardw, when put. uj) to auction, were found to be unsaleable, and the company goes into liquidation, the liquidator may at. any time .sue the lorfcitor for the full amount of the call.' The present case is distinguishable. Irom the Victoria (j.M. ease in that the manager in the present ease never oiVered the shares fur sale by unction, but that difference seems to be immaterial when we. look at the concluding words of section S)7 (!) of the Act of 1894, corresponding to section '.) I of the Act of 1880, •Whether or not such shares or any of them have been ! offered I'or sale.' There is also subsection - of section 07, which though referred lo in the argument of the Victoria (1..M. case was not alluded lo by Mr Justice Williams in his judgment. I come In the conclusion from the statute as a whole thai 1h" liquidator can i(-cii\cr. Judgment is for plaintiff for £-1 :;/•», with eosis 'V.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AS18980624.2.9

Bibliographic details

Auckland Star, Volume XXIX, Issue 147, 24 June 1898, Page 2

Word Count
411

A MINING CASE. Auckland Star, Volume XXIX, Issue 147, 24 June 1898, Page 2

A MINING CASE. Auckland Star, Volume XXIX, Issue 147, 24 June 1898, Page 2

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