New Lambton Land and Coal Co. Ltd. v London Bank of Australia Ltd [1904] HCA 23

H.C. oF A. 1904. ees

MacDonap v. Brare.

H.C. or A. 1904. ~~

Sypvey,

Sept. 2, 5, 6.

Griffith, C.J., Barton and O'Connor, JJ.

HIGH COURT

the appellant, who acted upon it in accordance with the practi in England and other parts of Australia, had exposed himself t anumber of actions for trespass and false imprisonment to whie he would have had no defence. In my opinion there is no suffi- cient ground for rescinding the leave to appeal, and the motion therefore fails. ;

Barton, J., and O'Connor, J., concurred.

Appeal allowed. Order of the Supre Court discharged with costs. Case re- mitted to the magistrate for his dete: mination with the expression of opinion of the Court. Motion to rescind

dismissed with costs. 4 Solicitor, for the appellant, Zhe Crown Solicitor for New South Wales.

Solicitor, for the respondent, J. W. Abigail.

{HIGH COURT OF AUSTRALIA.)

THE NEW LAMBTON LAND & COAL CO. C LUD. . ' APPELLANT ; ~

AND.

THE LONDON BANK OF eee a LTD., EDWARD WILLIAM BANCROFT,

RESPONDE! AnD JAMES LINDSAY BALLANTYNE |

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Company—Transfer of shares—Directors' power to refuse to register—Reetificatio of register—Companies Act (N.S.W.), No. 40 of 1899, sec. 232—Practit Parties—Person or member aggrieved—Power of Court to impose conditions: Amendment. :

'The directors of a company, in exercising their power of refusal to transfers of shares, must exercise it in good faith, and with due regard to"

OF AUSTRALIA,

sferror's right of property in the shares, and the rights of the transferee, and ust fairly consider the question of the transferee's fitness.

In an application under sec. 282 of the Companies Act, 1899, to compel the "directors of a company to register a transfer, although it is for the applicant to satisfy the Court by evidence that there was no sufficient reason for the refusal of e directors to register, the Court may, as in other cases, in the absence of direct vidence on that point, draw inferences of fact from the circumstances surrounding e refusal ; and, if the reasons inferred are improper or insufficient, may direct