LANDLORD'S RIGHTS.
CASE IN APPEAL COURT. COMPANY IN LIQUIDATION. (By Telegraph;—-Press Association.) WELLINGTON; this day. The Appeal Court to-day began the hearing of an appeal from a judgment of Mr. Justice Ostler in the Wellington case, Hope Gibbons, Ltd., v. Rupert Yeoman Collins, liquidator, for New Vogue, Ltd. (in voluntary liquidation). This was a claim for £148 for rent due by the company to the appellant. Counsel for the appellant relied on two English cases, in which it was decided that, where a company in liquidation has given a debenture over its assets, and it is proved that the assets are of less value than the amount owing under the debenture, the landlord can obtain leave to distrain on the assets, because they ceased to be the property of the company.
Mr. Justice Ostler held that it had not been shown that the debt to the debenture holders exceeded the value of the company's assets, and dismissed the application.
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Auckland Star, Volume LXIII, Issue 225, 22 September 1932, Page 11
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159LANDLORD'S RIGHTS. Auckland Star, Volume LXIII, Issue 225, 22 September 1932, Page 11
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