The Archive · 1910

His Lordship—Yes

Mr. Robinsou—It will His Lordship said that be could not make auch an order without consent or going into the whole facts. His Lordship asked if plaintiffs had any evidence other than that they had produced, that they were directors, Mr. Robinson aid that he bad farther evidence to prove that he was director. pit, evoe mid that Mr. TPs Robinson was excluded from directorship in October. A general meeting was held on October 22, and at that meeting, under the Hongkong Or-cet, the directors were bound to retire and other directors were appointed and Mr, Robinson was not one of them.

His Lordship—He was re-appointed Int Mr. Oppe—By illegal mesting. ital cetieg oe called ly Mr, O'Dell. e other was an

His Lordship—I shall try this case director and " bankrupt will see that there is some mistake and they will come to the conclusion that everything is right and we shall get our rights, But with the Receiver in the Chair the shareholders can coly have one point of jew. They mast fall back apon the solicitor to the Company and if he wrong then the Company is led wrong. I said that the solicitors of the Company had advised them wrongly.

Mr. Oppe—Why don't you bring an Mr. Robinson—Because of the difficulties. I don that you did it deliberately, but that you acted under misconception.

His Lordship said that an officer of the Court was at present io charge. bee Robinson—He would never have on the retarn day without any farther beet pointed if the Coart had been pleadings. It seems to me that the position of the Company would be prejudiced more by an interlocutory order of this kind being granted or being re-fassed and then the question being raised afterwards against the directors. I can take this case on Thursday or Friday. told the trath in the matte.

His Lordship—It he wants directions be can apply to the Court.

In the course of farther argoment could whip up their supporters and get his Lordship told plaintiffs that they

them to elect ther Mr. Oppe said that even if a director was properly, legally entitled to be director and there was a resolution of the Company that it did not want him to be a director, the Court woald not insist, Mr. Robinson—The meeting does want it.

His Lordship—I shall have to go into all these questions some time and I think it woald be better to do so before the meeting.

Mr. Oppe said that no valid ground had been put forward yet by plaintiffs, Mr. Robinson said that he had been elected and re-elected. The question might arise as to whether the forthcoming meeting was regaler, is Lordship—'t is an adjourned ing. The fact that I declare you '8 director would not make the meeting more regular.

Mr. Robinson—It won't do me any harm or the Company any harm.

His Lordship said that Mr. Oppe bad not answered the point be put to him with regard to Rule 62,

Text read from the printed page and cleaned; old type leaves the occasional error.

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