1965 (3) TMI 43

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....Frida Joynes, a contributory, for the compulsory winding up of Bambi Restaurants Ltd. to which I will refer as "the company". I have also before me a motion by Mrs. Joynes, to which I will refer in a moment. [His Lordship stated the facts set out above and observed that if Smith and Col. Joynes were right then there was no deadlock because together they had one more vote than had Mrs. Joynes and t....

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....ion. If that were appropriate to be determined on the petition, then it might well be right to grant interlocutory relief in order to maintain the existing position pending the hearing of the petition. But it seems to me that on the hearing of the petition the court could not properly determine the beneficial ownership of this one share. That is an issue which lies between Mrs. Joynes on the one h....

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....unable to cite any authority for saying that on a contributory winding-up petition the court can properly come to a determination, as to the beneficial ownership of shares which are registered in the name of an opposing contributory but to which the petitioning creditor raises an adverse claim. That is an issue which, it seems to me, can only be determined in proceedings constituted in the ordinar....

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....p of the share. I should perhaps mention that a further difficulty lies in the way of Mrs. Joynes, that the petition so far is only addressed to the company and not to Col. Joynes or to Smith and, again, that the notice of motion is addressed to the company and Col. Joynes, but, again, not to Smith, who is obviously a necessary party to any proceedings with regard to the ownership of this share....