MCARTHUR TRUST

Evening Post, Volume CXXV, Issue 150, 28 June 1938, Page 13

M C ARTHUR TRUST

r APPEAL COURT CASE 1. _« 1. Leave to serve a writ on the Mc- - Arthur Trust, Ltd., in Brisbane was e given by the Court of Appeal today s in a case which was moved from the h Supreme Court in Auckland. 3. Edward Charles Pilkington, a farmer a of Morrinsville, trustee of the estate c of his father, the late Henry Pilkington, instituted Supreme Court proceedings against the McArthur Trust, Ltd., Queensland, claiming rescission of an 1 agreement entered into by him agreeing to transfer 409 £10 debentures in the Investment Executive Trust of New Zealand, Ltd., now in liquidation, in exchange for shares in the McArthur Trust. As the defendant company is outside 3 " New Zealand, it was necessary to obIS tain an order of the Court giving leave §■ to serve proceedings in Brisbane. The ?* defendant company objected to such! ?• an order being made, and the question; ? - of the right of the plaintiff to the order' v was moved into the Court of Appeal. n The Court was of the opinion that d the action was within the rules for ;e service out of jurisdiction and gave leave for the serving of a writ in Brisbane, allowing 40 days for the filing of a statement of defence. Mr. Leary, who with Mr. E. V. McLiver, appeared for the plaintiff, undertook to apply for rescission of the contract in question and to bring into Court the share certificate. Mr. W. L. Wiseman appeared for the a * defendant, and the Court consisted of : ' s the Chief Justice (Sir Michael Myers), ln Mr. Justice Blair, Mr. Justice Kennedy, fc- Mr. Justice Johnston, and Mr. Justice Dr Fair.