Hartopp appeared for the _applicants, and Mr. R. N. Macleod, with whom was Mr. A. E. Seddon, for the company. The motion in this case was as follows That the defendant Company its Directors and Agents may be restrained by the Order and injunetion of this Honourable Court from selling the undertaking of the defendant Company to any other Company not subject to the jurisdiction of this Court and receiving in compensation for such sale shares or other like interests in such other Company otherwise than in _compliance with the provisions of Section 185 of the Ordinance, until judgement in this action or until further Order.
1.—A declaration that the proposed scheme, notice of which has been given by the defendant Company to its shareholders, for the sale of the defendant Company's undertaking to a Japanese Com pany is ultra vires.
2.—An injunction restraining the defendant Company its directors or agents from selling the undertaking of the defendant Company to any other Company (not subject to the jurisdiction of this Court), and receiving in compensation for such sale shares or other like interests in such other Compa otherwise than in compliance with the provisions of Section 185 of the Ordinance.
3.—Such further or other relief as to this Court may seem just.
4.—Costs.
Mr. Macleod said he understood that his learned friends' application was now being pressed against the new notice which had been publish ed to go on with exactly the same scheme as that to which they objected when they were last before the Court. He did not know whether his friends were ready to treat the. matter as the trial of the action,' but he was prepared to do Mr. Wright did. not think he vould fairly advise his clients to agree to that course being adopted now, and after some discussion it was decided to set the matter down for speedy trial on Monday week. the undertaking given.at the last hearing being continued.
Before His Honour Judge Sxrnvew
Text read from the printed page and cleaned; old type leaves the occasional error.