SUPREME COURT.

Dominion, Volume 5, Issue 1298, 29 November 1911, Page 5

SUPREME COURT.

THU CALL ON ROSS GOLDFIHLDi SHARES. AND THE RESISTERS. some" dialoguk oi'' jxtfkkst. In tlio Supremo Court yesterday morn iiig, before the Chief Justice (Sir liober Stout) there was further mention oi th aclion in which certain shareholders o the Uoss Goldtields, Ltd.. applied for ni injunction to restrain the uirectois frou making a further call of Is. per shari payable on December It next, three day; before a general meeting. An accoun of the initial proceedings was publishei yesterday. 31 r. ]•'. K. Petherick appeared for tin moving shareholders, and Ml*. Ci. ir[ i'el for the company. Jlr. Petherick stated that he pToposec t0.20 on with the motion. Jlr. Poll submitted that thero was n< rcasou why an injunction should bi granted on an ex parte application* His Honour remarked that, it the di rectors were forcing tlio call tas atlegcj in tlio affidavits) before the meeting toot place, it looked very peculiar. Jlr. Veil: We have a completo answe to tlmt, if wo havo an opportunity ol being heard. I know that where a cat is not bona fide the Court would inter' His Honour: That is what I said. Tin cases am clear on tha point. Mr. Fell maintained that tho call wa: bona fide. „ , , His Honour: If the call were made tc stop an agitation by tho majority of th< shareholders, then that call'was not bona Fell replied ho could shoiv that ii was not for that purpose. His Honour: Why make the call now.'' Mr. I'cll: I havo not all the paper: before me. The facts were placed u tho miuute making the call. His Honour: If you like, I will give you tiU to-morrow morning to answci the quest-ion. . K Jlr. Bell accepted his Honour s offer. Tho learned Judgo asked why (if the directors were willing, .that tho thing should be dealt with fairly) should they not agreo to tho call being postponed until the meeting had been held burelj there could bo.no harm in that. , Jlr. Fell remarked that they might agree to such a course. Jlr. Petherick: That is all wo want. Mr Fell: I don't know sufficient abon tho finances to say whether they will agree or not". • ' , His Honour: The directors must recognise that they are, in a kind of way : trustees for the shareholders.. 1 hey_ may havo (lone everything that is right, J don't say they have riot. Jlr. Fell said that that was the very ronton why the-directors were not going to be forced to immediately do a thine which a few malcontents wanted them His Honour remarked that tho duty of tho Court was to ascertain who were in the majority. A minority could not dictate a policy. • • . , Jlr. Fell: Wo don't know that they have a majority. , ~ , His Honour: I dont know, ram onl; going by what is in the affidavits. The application was adjourned until 2 p.m. to-day. DISPUTE OVER LAND SALE. Hearing was concluded in the Supreme Court yesterday of the caso of 'J'V'.oi v. Parkinson and Klyth, wherein the C niel Justice iSir liohert, Stoul) was asked tc make a certain declarationm re.ereiß-< to a sale of a block of land (2J3-> acre.in the.Jlanawatu district) that took plact at Levin on December 21. If'"Tho parties to the action were: John Ilenrv Tavlor, farmer, cf Jluhunoa, Ohau, plaintiff, and Walter Fox Parkinson and Uarrv Alexander Foster B yth, tanners, of Ataahua, Canterbury, defendants. Mr. Jlartin Chapman, K.C., with him Mr G. H. Fell, appeared for the plaintiff,' and Jlr. T. W. Stringer \.C„ with him. Mr. JI. S. Brown, tor the defendparticulars of the claim and _of the defence were reported in yesterday » ISs, J®' Further evidence was called for the defence yesterday, after which counsel addressed the Court 'at length. Iho cast lasted until 3.45 p.m. " His Honour stated that lie would take time to consider his decision. CLAIM FOR INSURANCE. Legal argument was heard yesterday ii the civil action in which David U Hara farmer, of llasterton, proceeded against the Victoria Insurance Co., Ltd., to re cover the sum of .6700 alleged to be dm under ihsurance policies. The Chief Justice (Sir Kobert Stout) was on the bench Mr' E J. Fitzgibbon appeared for thi plaintiff, and Jlr. T. Young for the de l'endant company. Evidence in tho case was taken las week The action arose in consequent of two houses in Adams Terrace havinf been destroyed by fire on January 8 last The question for the Court was whethe: in the particular circumstances there wa: all expressed or implied agreement to m sure between the plamtift and tho de fendaut company. . . His Honour reserved decision. ARBITRATION. SYNOPSIS OF THE CASES. Ifr. Justice Sim will preside at a sit tin" of the Court of Arbitration to to hekl in Wellington on December -1 at I »in There will bo no country sitting this month. The following is a list o tlio business:— Compensation Cases. Hnnt and another v. I'innock. Chartres v. t .S.S. Co., Ltd. Jacob v. Marine i'>ngineers Institute o Australasia. Disputes. Tinplate Workers, evidence to bo heard Furniture Trade M orkers, applicatioi to add parties. . Welljugton : Painters Award, case oi apueal. , _ Le Crcn v. Wairarapa iarmers Co-op erative ' Association, Ltd., alleged bread of Wellington Carpenters and Joiners Award. Bolland v. Mayor of Miramar. Bolland v. Wellington Gas Company.