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Fri 23 Dec 1921 - The Sydney Morning Herald (NSW : 1842 - 1954)
Page 5 - IN EQUITY.
IN" EQUITY.
j (Bofore the Chief Judge, Mr. Justice Street) j
HARDWOODS LIMITED,
WINDING-UP ORDER MADE. |
This was a petition by Charles Frederick
Snell of Castlereagh House, Castlereagh
street, Sydney, for an order winding up
Hardwoods, Limited, on the ground that it
was unable to pay its debts. The petitioner
stated that the respondent company was re-
gistered on July 17. 1910, the registered office
being at Hunter-street, Woolwich, The no-
minal capital of tho company was £30,000,
divided into 30,000 shares of £1 each, of
which 15,000 shares were stated to have beeen
issued up to December 31 last. In the Syd-
ney District Court on Octûber 19 he recovered
ed Judgment against the company in the
sum of £50, together with £12/1/6, which
judgmont was still unsatisfied. Petitioner
submitted that tho company was unable to
pay its debts, and it was Just and equitable
that it should be wound up under tho direc-
tion of tho Court. Mr. Tuthill (instructed
by Mr. D. Schrader) appeared for the peti-
tioner; there was no appearance for the re-
spondent company.
His Honor made the usual wlnding-up order,
and appointed Mr. W. H. Palmer offlcial
liquidator.
ESTATE OF MICHAEL KENNT, DECEASED.
WIDOWS APPLICATION.
under tho Testators' Family Maintenance
Act, an application was mado on behalf of
Jane Kenny, widow of Michael Kenny, lato
of Young, retired farmer, for a declaration
that she had been left without adoqunto pro-
vision for her proper maintenance, and that
adequate provision for her proper mninton
tonance and support bo made out of tho es-
tate. Mr. Davidson (instructed by Messrs.
McElhono and Barnes, agents for Mr. Louis
Hogan, of Young) appeared for tho appli-
cant; and Mr. Abrahams (instructed by Messrs.
Campbell and Rowe, agents for Mr. Allan
R. Campbell, of Young) tor tho executors and
trustees of tho estate.
The applicant stated In her affidavit that she
was married to tho testator, who died on
October 6 last, aged 82 years. In January,
1S70. Sho vs-as now 74 years old, and was
so crippled with rheumatism that for the
past tsvo years she had only been able to walk
about tho house with the aid of a stick. The
testator's estate was, for probate purposes,
valued at £6723, of which £5533 was be-
queathed to his relatives in Ireland and
America. Under tho will, sho was left a
legacy of £100. Heavy work on tbn farm
broke down her health, and In 1SS7 sho was
unable to remain there any longer. Hor hus-
band then leased tho farm, and they went to
resido in Young, whero bo purchased a pieco
of land, on which ho crectod a small cottage.
In 1S8D ho went for a trip to Iroland and
America, without informing her. He returned
in December, 1S93, and they nover lived to-
gether since. She continued to resido in the
cottage at Young, and he went hack to tho
farm, svhich ho oventually sold. Her husband
wanted her to go on to the farm with him,
but her health was so bad that she was un-
able to live in tho bush. Ho thon cut down
the allowanco of £100 a year, which ho had
been making to her, but he subsequently al-
lowed her 15/ a week, which svas aftcrsvnrds
Increased to £1, out of svhich she had to pay
tho tases of the cottage. For the past five
years she had lived In tho cottago alone,
a friend voluntarily coming to the placo to
tidy it up and make her bed. She was unable
lo cook any meat or vegetables for herself,
and subsisted on broad and butter, jam, and
eggs. Sho had tasted no meat sinco last
Easter, and it waa then given to hor by a
friend. Sho had not bought a now dress for
four years, and she was badly in need of a
supply of clothes all round. Tho cottage
she lived In had eight steps at the back, and
it was with great difficulty that sho could
negotiate thom. It would require about £500
to purchase a suitable cottage, wherein she
might bo ablo to live near her church, which
svas about a milo asvay from her present
rcsldeneo. She had never been able to ascer-
tain what caused her husband to treat her as
ho had done, oxcopt that Bho had objected to
his alsvays being svlth certain other mon ss-hen
they first went to live in Young.
His Honor said that In addition to the
legacy of £100 undor the will he would mako
an order directing tho executors to purchase
a suitable cottage for the applicant at a cost
not exceeding £500: and in Ilpu of tho al-
lowance of £1 a week she was to rocolvo the
not Incomo of tho residuary estrile, which
amounted to about £4000, during her life.
(Beforo Mr. Jnstlco Harsvy.)
A. METAL QUARRY SUIT.
Minnamurra Blue Metal Quarries, Ltd., v
jV.S.W. Bluo Metal Co., Ltd., and another.
Tho ault of tho Minnamurra Bluo Metal
Quarries, Limited, ngainst tho New South
AA'ales Blur Metal Company, Limited, and lil.
II. Cantor, in lvhich the plaintiffs asked, among
other things, for ,i declaration that -,v certain
npreement under which tho defendants co-
venanted to purchase from tho plaintiffs a metal
quarry at Minnamurra, near Dapto, together
?svlth the plant and svorkmen's cotUigoo on
certain terms, had been rescinded, and that
tbe defendant company bo ordered to deliver
up possession of the property, was mentioned.
Mr. Weston (instructed by Messrs. Murphy
,'inrt Moloney) appeared for tho plalnlilTs; and
Mr. .1. A. Dross-no (Instructed by MchSi'S. C.
A. Coghlan and Co.) for llio defendants.
On the application or plaintiffs' counsel,
the suit ss-as dismissed svlthout costs, on tho
terms that the moneys that had boen paid
Into court to tho credit of tho suit, together
svlth the accrued interest, bo paid out to
tho plalntlfTs; and tho ailldavitg filed in tho
interlocutory application to bo placed lu a
sealed packet, which svas not to bo opened
o.vcept by direction of tho Court.
With regard to a number of suits by certain
shareholders in the plaintiff company for Hie
rectification of tho share register of the de-
fendant company by expunging their names
front such register, an order svas, by consent
made rectifying the register as prayed with-
out costs.