CREDITOR’S PETITION

Greymouth Evening Star, 2 November 1931, Page 10

CREDITOR’S PETITION

DISMISSED BY REGISTRAR. Reserved judgment was given in the Supreme Court at Greymouth today by the Registrar (Mr L. W. Louisson), acting in the absence of the Judge, in the matter of the creditor’s petition in bankruptcy by the Texas) Company (Australasia), Ltd., against, Cecil Kennedy, of Greymouth, bus proprietor, a debtor. | “This matter came before me on October 21,” said the Registrar, “when lengthy evidence was given by both parties, followed by legal argument. The petitioner, it is alleged, is a company duly incorporated in the Commonwealth of Australia, carrying on business in Christchurch and elsewhere in New Zealand, as importers of motor spirits. The petition is issued by the attorney of the said company, Edgar Louis Kaula, of Wellington, company manager. At the hearing, on power of attorney being produced by Roy Francis Colbeck, the Christchurch manager of the company. counsel for debtor objected, on the ground that such document was inadmissible in evidence, for the following reasons: (1) Power of attorney does not comply with the provi sions of the Companies Act, 1908, Section 303 (1); ;(2). No proof of incorporation of the company, Section 303 (1) (a); (3) No declaration in accordance with Section 303 (1). “It seems to me that this objection must be upheld. Every deed must be proved, and in case in question, the proof falls Tar short of what by law is required in New Zealand. There can be no exemption in thiy. is no proof of Mr Kaula’s authority to present a petition in bankruptcy. There were certain other objections made by counsel for debtor, but as the inadmissibility of power of attorney goes to the very root of the matter, I am not called upon to go further. The petition is dismissed, with £7/7/- costs allowed to debtor, with disbursements and witnesses’ expenses to be fixed by the Registrar.” Mr A. H. Paterson appeared for the creditor, and Mr F. A. Kitchingham for the debtor.