IN RE A. E. HIGGINS PTY. LTD.

[1930] VLR 21·LOWE, J.
[1930] VLR 21
1930 VLR 21
IN RE A. E. HIGGINS PTY. LTD. Supreme Court of Victoria LOWE, J. September 19, 20 September 1929 Company — Liquidation — Contributory — Contract to take shares induced by misrepresentation — Effective disaffirmance of contract — Subsequent liquidation — Contributory's name not on register of members, but included in return of allotments — Removal of name from list of contributories .

W. was induced by misrepresentation to contract to take and pay for shares in a company. He had paid half the amount payable on the shares when he discovered the falsity of the representation. He thereupon effectively disaffirmed the contract. The company subsequently went into liquidation. W.’s name had not been entered in the register of members, but it appeared in a return of allotments, filed with the Registrar-General under sec. 96 of the Companies Act 1915, as that of the allottee of the shares.

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[1930] VLR 21

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