A COMPANY’S TROUBLES

Gisborne Times, Volume XXIV, Issue 1940, 23 November 1906, Page 2

A COMPANY’S TROUBLES

PRESS ASSOCIATION. Wellington, last night, In the Supreme Oonrl this morning, Thoe. Wardell, managing director of tha I New Zealand Times Company, applied for an injanction restraining the direotors of the Company from removing him from offioe. Mr Skerrett appeared for plaintiff, and Mr Morrison, instructed by Dr, Findlay, for defendants. The affidavits showed that a resolution was passed in August last appointing plaintiff managing direotor for the year, but on November 17th he was removed from office in consequence ' of alleged inexperienoe, and ordered to give up the keys, This, the affidavits of defendants showed, he declined to do, and sinoe the determination of the direotors was arrived at be had been giving otders without authority of the Board, and ootm. tormanding those given with authority of : the Board, It was also stated in the affi* '

davits tfaat in consequence of plaintiff's conduot of the business the ’ linotype operators were on the "point of striking, These affidavits were not replied.to by the plaintiff, it should be explained. Mr Skerrett argued that the Board had no power to remove his client till his tenor; of office had expired in terms of the articles of association. Mr Morrison asked for a stay of proceedings till a meeting of . the shareholders could be called to review

the whole matter. Judgment was re* served, the Chief Justice remarking that a oourt of equity never interfered with the dismissal of a servant, who always had a right of action for damages, but he desired to look into plaintifl’s relations with the Company from the point of view whethet he was a servant in the capaoity of managing dircotor.