High Court of Australia
Re CLR.) OF AUSTRALIA. 297
(HIGH COURT OF AUSTRALIA.]
MAINKA 4 z 4 , : 5 é . APPELLANT ; Dr¥FENDAN?,
AND
THE CUSTODIAN OF EXPROPRIATED PROPERTY . : PII): x riineigaf Reseonvent. PrLanirre, ,
ON APPEAL FROM THE CENTRAL COURT OF NEW GUINEA,
Constitutional Law—High Court—Jurisdiction—Appeal from Central Court of New
Guinea—Federal Court—Territory acquired by Commonwealth—The Constitution © oer fa (63 & 64 Vict. c. 12), secs, 73, 122—Treaty of Peace Act 1919 (9 & 10 Geo. V. c. ae 83), sec. 1—New Guinea Act 1 25 of 1920), secs. 4, 5,14—Treaty of Peace, gvnupy
arts, 22, 19—Mandate by Council of the League of Nations of With December 4 vpril. 30 ; 1920, art. 2--Judiciary Ordinance 1921-1922 (N.G.) (Ordinances under New May 1 % Guinea Act 1920, No. 3 of 1921—No. 22 of 1922), secs. 7, 24. : ; Mernovrye, Company — Company established under German law in New Guinea'— New capital yng 10 —Payment to company—Payment to banker of company—Acquiescence of company d —Rights of shareholder. Knox C. J Gavan Duffy.
The High Court has jurisdiction to entertain an appeal from the Central" Wtchand Court of the Territory of New Guinea. Tee
Prior to the War a commereial cornpany with limited liability was formed in German New Guinea under German law, of which the appellant and N. were the only shareholders, and each of them had contributed the same proportion of the capital. In 1913 N. went to Germany and never returned to German New Guinea. In 1916 the capital of the company was increased by a certain sum of which each shareholder was to pay in one half, but, it being impossible for N. to be communicated with during the War, the company announced that the appellant took over the whole amount of the new capital
VoL. XXXIV. 20
H. C. or A.
1924. ww
Mamnxka v. CusTODIAN or Expro- PRIATED PROPERTY.
HIGH COURT fl
and that the right of taking over one half of the new capital was reserved to N. until six months after the termination of the War provided that he had paid in his share with interest to the company. ¢
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