CO129-514-6 Question of legality of sale of water to Tai Koo Sugar Refining Co. Ltd.- from... 6-12-1928 - 23-12-1929 — Page 28

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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.