APPEAL TO PRIVY COUNCIL
LEAVE GRANTED IN GISBORNE CASE (P.A.) WELLINGTON. June 14. Leave to appeal to the Privy Council in the Gisborne case of Han versus the Guardian Trust and others was granted by the Appeal Court this afternoon on the application of the appellant. The Court of Appeal’s judgment in tb;s case was delivered on May 1, 1942. The Court found that' Die appeal failed, except on one issue, namely, whether the Guardian Trust Company shmild be removed frpm its executorship. The Court found that the Guardian Trust Compainy had been in a dual position from the date of the order to administer the estate under part 4 of the Administration Act, and that it should be removed, and the Official Assignee in Bankruptcy, Gisborne, appointed in its place. The Court also found that the Union Bank of Australia and the Bank of New Zealand, contrary to Mr Justice Callan’s finding in the lower Court, had not in fact made a composition as alleged by the plaintiffs. The Court also found that further charges of fraud and conspiracy alleged by the plaintiffs were not proved. At the time of the hearing the case occupied the Court of Appeal for 32J days.
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Press, Volume LXXIX, Issue 23974, 15 June 1943, Page 3
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203APPEAL TO PRIVY COUNCIL Press, Volume LXXIX, Issue 23974, 15 June 1943, Page 3
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