IS HE A MEMBER ?

Evening Post, Volume CIX, Issue 63, 17 March 1925, Page 6

IS HE A MEMBER ?

SIEVWRIGHT CASE CONTINUED

THE SHAREHOLDER DIFFICULTY.

T, he hearing of the appeal made by the Wellington. Bowling. "Club, Ltd., against the finding in favour of J. D. Sievwright by Mr. Justice Ostler- was continued throughout thia\ morning at the Appeal Court. The'club passed a resolution expelling Sievwright from membership and forfeiting his share in the company Mr. Justice Ostler granted Sievwright an injunction restraining the club from proceeding with the expulsion- and forfeiture.

This morning Mr. S. A. Wiren represented the club and Mr. A. W. Blair the .respondent. Yesterday Mr. M Myers, K.C., argued the club's case, ,-and was followed by Mr. Blair, who continued his argument this morning. Mr. Justice Sim said the position Mr. Blair had to get over was that the company was limited to 350 shares. When he became a member there were 524 others, and no share was available. Mr. Justice Adams: "If you cannot prove that he was a shareholder, is not the rest mere" beating of the air?- If you cannot get over that difficulty, what is there to go on with?" Mr. Blair said he thought he could get over this on the facts, and by the law of estoppel. Mr. Justice Sim indicated that no case, under the law of estoppel had jet been quoted. The club had acted under articles which were obviously ultra vires.

Mr. Blair said the club had got into the mix that had resulted ou their proceedings undeivultra vires articles, and respondent should not suffer by it. Mr. Wiren replied briefly, and the Court reserved decision.