High Court Wellington
1 April; 2, 21 May; 22 May 1952
Stanton J
Court of Appeal Wellington
23, 24, 25, 26 September; 12 December 1952
Hutchison J; Cooke J; North J
1 April; 2, 21 May; 22 May 1952
Stanton J
Court of Appeal Wellington
23, 24, 25, 26 September; 12 December 1952
Hutchison J; Cooke J; North J
Company — Scheme of Arrangement — Increase of Capital — Compromise with Debenture-holders — Dispute between Shareholders and Minority of Debenture-holders — Duty of Court in Considering Application for its Sanction to such a Scheme — Tests to be applied — Onus on Objectors to establish Unfairness of Scheme to One or More of Classes concerned — Opinion of Persons connected with Company Safer Indication of Fairness of Proposed Scheme than Sharemarket's Reaction to it — Inaccuracy in Directors' Circular setting out Proposals — Majority of Debenture-holders not misled thereby — Order as to Costs — "Scheme" — "Perpetual debenture" — Companies Act, 1933, s 159.
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