- Flynote
-
Company.-Winding-up.-Stay of Action.-Discretion
of Court.-Act 31 of 1909, sec. 117.
- Case summary
-
Where a petition for the winding-up of a co,mpany had
been presented, and no final order had been made
thereon, and the company applied to have an action,
claiming delivery of certain shares, stayed 1tnder
sec. 117 of Act 31 of 1909 : -Held, that as such action
would have to be tried whether or not the company
was wound up, and as no additional convenience
would be gained by postponing the hearing, the
Court in the exercise of its discretion should refuse
to stay the action.
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