CO129-302 - Public Offices - 1900 — Page 303

C. O.

41303

REG 21 DEC 00

296

>

Judgment of the Lords of the Judicial Com-

mittee of the Privy Council on the Appeal of Hardoon v. Belilios, from the Supreme Court of Hong Kong; delivered 8th December 1900.

Fresent at the Hearing:

LORD HOBHOUSE,

LORD ROBERTSON.

LORD LINDLEY,

SIR FRANCIS JEUNE,

SIR FORD NORTH.

[Delivered by Lord Lindley.]

The question raised by this Appeal is whether the Plaintiff who is the registered holder of some shares in a Banking Company which is being wound up is entitled to be indemnified by the Defendant who is the beneficial owner of such shares against calls made upon them in the winding up of the Company. The Courts of Hong Kong have decided against the Plaintiff upon the evidence adduced by him; and have entered judgment of non-suit. The Defendant adduced no evidence; it did not become necessary for him to do so. The Chief Justice who first heard the case decided that the Defendant was the sole beneficial owner of the shares but that the Plaintiff had failed to prove any contract by the Defendant to indemnify him either express or implied. On appeal the Chief Justice and Mr. Justice Wise considered that although the Defendant had become the sole heneficial owner

of the shares the relation of trustee and cestni que trust had not been created between the Plaintiff and the Defendant and that the Defendant had

14017. 100,-12/1900. [66] A

India.