27
Company Limited V.
Constables of St. Peter Port, 1900
A.C. 317 Lord Davey in his judgment at p. 321 does seem
to imply that in such a case as this the Attorney-General
could apply for an injunction, but there seems to be no
actual decided case to this effect. Any proceedings in
this respect would have to be at the relation of the
Attorney-General and in our opinion considerable difficulty
might be experienced in obtaining the fiat of the Attorney-
General thereto. Further than this we would point out
that even if an injunction was obtained restraining the
Company from selling water on the ground that it was ultra
vires the Company, the Company could set matters right
either by passing resolutions to alter their Memorandum of
Association and getting such alteration sanctioned by the
Court, or by reconstructing. so that an injunction even
if obtained would be more or less a temporary relief
measure.
Subject to (3) in our opinion the Government cannot
restrain the Company from selling water and we agree with
the opinion expressed by Mr. Eldon Potter K.C.
5.
(SGD) GAVIN T. SIMONDS
(SGD) E.W. LAVINGTON
Lincoln's Inn, 19th March 1929.