Queensland Mercantile and Agency Co., Ltd, v. Australasian Investment Co., Ltd

On 28th October 1887 an order was made by the Supreme Court of Queensland that the Queensland Mercantile and Agency Company, Limited, should be wound up by that Court under the provisions of the (Queensland) Companies Act, 1863, and by a further order on 18th November 1887 an official liquidator was appointed.

On 14th January 1888 an order was made by the Court of Chancery in England that the Queensland Company should be wound up by that Court under the provisions of the Companies Acts, and by a further order on 28th February 1888 Edwin Waterhouse was duly appointed official liquidator of the company in England.

Then there remain only the merits of this question. I assume that the Court had jurisdiction in the liquidation proceedings going on before it to grant the orders which are here in question. What are these orders in substance? They are, first, that the action at the instance of the Australasian Investment Company, Limited, against Page: 670 ↓

Lord Adam —The only difficulty that I have seen in granting the prayer of this petition is this, that it was truly not a prayer asking us to enforce an order, but simply asking us to repeat an order. I do not myself see that the petitioners will be in a very much better position by having the order they ask made; but as they think they will, I really do not see much objection to granting it.

“Restrain the respondents the Australasian Investment Company, Limited, from further prosecuting the action at present in dependence in this Court at the instance of that company against the petitioners the Queensland Mercantile and Agency Company, Limited, anddecern, but subject always to the orders of the Court.”