The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa
| dc.contributor.author | Smith, Charles Adamson | |
| dc.date.accessioned | 2021-12-02T14:53:00Z | |
| dc.date.available | 2021-12-02T14:53:00Z | |
| dc.date.issued | 1992 | |
| dc.date.updated | 2021-12-02T12:53:00Z | |
| dc.description.abstract | On 1 July 1941 Mr Greenhalgh issued a writ against his co-shareholders in the Arderne Cinema Company, and thus began a series of cases which ended with a Court of Appeal Judgment handed down on,10 November 1950. During the almost ten-year period of the litigation, seven actions were brought by Mr Greenhalgh, five of which were taken on appeal. Mason1 writing in the Australian Law Journal said of the litigation "It thus represents something of an epic of litigious heroism· while Professor Sealy2 in a note in the Cambridge Law Journal dealing with the Clemens case3 in referring to a seemingly wide choice of remedies .... available to a minority through the courts ... remarks that many of them have a sorry history as the ghost of Mr Zuccani ...., Mr Sidebottom ...., Mr Greenhalgh .... and the many other unsuccessful litigants who haunt the pages of the textbooks could plainly testify." The first two references are to Allen v Gold Reefs of West Africa [1900] 1 Ch.656 and Shuttleworth v Cox Bros. & Co. (Maidenhead) [1927] 2 K.B. 9, of which more later and the third, of course, to Mr Greenhalgh of the Arderne Cinema company. D D Prentice4 In a Law Quarterly Review article entitled 'Restraints on the Exercise of Majority Shareholder Power' begins with the words: "The plight of Mr Greenhalgh is known to all students of company law and his fate has been held up as a salutary warning to all minority shareholders who have the temerity to do battle with the big battalions." Gower in Principles of Modern Company Law 4 ed (1979), referring to the last appeal, says "This last case, however, was merely the culmination of a long battle in the courts which is such an admirable illustration of the vulnerability of a minority shareholder that it is worthwhile summarising the whole story. | |
| dc.identifier.apacitation | Smith, C. A. (1992). <i>The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/35418 | en_ZA |
| dc.identifier.chicagocitation | Smith, Charles Adamson. <i>"The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa."</i> ., ,Faculty of Law ,Department of Commercial Law, 1992. http://hdl.handle.net/11427/35418 | en_ZA |
| dc.identifier.citation | Smith, C.A. 1992. The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/35418 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Smith, Charles Adamson AB - On 1 July 1941 Mr Greenhalgh issued a writ against his co-shareholders in the Arderne Cinema Company, and thus began a series of cases which ended with a Court of Appeal Judgment handed down on,10 November 1950. During the almost ten-year period of the litigation, seven actions were brought by Mr Greenhalgh, five of which were taken on appeal. Mason1 writing in the Australian Law Journal said of the litigation "It thus represents something of an epic of litigious heroism· while Professor Sealy2 in a note in the Cambridge Law Journal dealing with the Clemens case3 in referring to a seemingly wide choice of remedies .... available to a minority through the courts ... remarks that many of them have a sorry history as the ghost of Mr Zuccani ...., Mr Sidebottom ...., Mr Greenhalgh .... and the many other unsuccessful litigants who haunt the pages of the textbooks could plainly testify." The first two references are to Allen v Gold Reefs of West Africa [1900] 1 Ch.656 and Shuttleworth v Cox Bros. & Co. (Maidenhead) [1927] 2 K.B. 9, of which more later and the third, of course, to Mr Greenhalgh of the Arderne Cinema company. D D Prentice4 In a Law Quarterly Review article entitled 'Restraints on the Exercise of Majority Shareholder Power' begins with the words: "The plight of Mr Greenhalgh is known to all students of company law and his fate has been held up as a salutary warning to all minority shareholders who have the temerity to do battle with the big battalions." Gower in Principles of Modern Company Law 4 ed (1979), referring to the last appeal, says "This last case, however, was merely the culmination of a long battle in the courts which is such an admirable illustration of the vulnerability of a minority shareholder that it is worthwhile summarising the whole story. DA - 1992 DB - OpenUCT DP - University of Cape Town KW - Trials KW - Commercial crimes KW - Australia LK - https://open.uct.ac.za PY - 1992 T1 - The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa TI - The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa UR - http://hdl.handle.net/11427/35418 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/35418 | |
| dc.identifier.vancouvercitation | Smith CA. The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa. []. ,Faculty of Law ,Department of Commercial Law, 1992 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/35418 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Commercial Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Trials | |
| dc.subject | Commercial crimes | |
| dc.subject | Australia | |
| dc.title | The litigation between Greenhalgh and the Mallard family, [1941-1950]: and its influence on company law in England, Australia and South Africa | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |