Le Mesurier v Copleys Bank Ltd [1925] HCA 35

H.C. or A.

1925.

Perru,

Sept. 11, 14- 16, 18.

Company — Banking company —Company formed outside Western Australia

HIGH COURT 199

[HIGH COURT OF AUSTRALIA.

LE MESURIER.. : " 3 " . APPEI DEFENDANT, AND COPLEYS BANK LTD. , ; . . . ResponpEnt PLantirr,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

Application of Western Australian Acts—Action by company—Recovery of penalties—Companies Act 1893 (W.A.) (56 Vict. No. 8), secs. 5, 198, 202, 244, 248 Companies Act Amendment Act 1897 (62 Viet. No. 28), sec. 3 Companies Act Amendment Act 1899 (63 Vict. No. 54), sec. 2—Banks a Banking Companies Act 1837 (W.d.) (8 Will. 1V. No. 1), secs. 2, 6,13, 14.

exceptions, the Act shall not apply to "any company . . . formed or t be formed for the purpose of carrying on the business of banking."

Johnson v. National Bank of Australia Lid., (1913) 15 W.A.LR. approved.

Sec. 2 of the Banks and Banking Companies Act 1837 (W.A.) contains provisions relating to public officers of banking companies in whose ni "such company shall sue and be sued"; and by sec. 6 it is provided all actions instituted on behalf of a banking company within the Act "shall and lawfully may" be commenced in the name of the public offic nominated by the company as the nominal plaintifi.

Held, that those sections apply only to banking companies formed in West Australia.

R.) OF AUSTRALIA.

porated in England and carrying on business in Western Australia, was entitled to bring an action in its own name and recover from the appellant for money advanced by it to him.

Per Higgins J.; The rule in Bradlaugh v. Clarke, (1883) 8 App. Cas. 354, as to the recovery of penalties applies to proceedings for the recovery of penalties under sec. 2 (taken with sec. 13) of the Banking Companies Act 1837 for neglecting to make the returns and deliver the accounts therein prescribed.