Citizens and Graziers' Life Assurance Co Ltd v Commonwealth Life (Amalgamated) Assurances Ltd

51 CLR 422
1934 - 0802A - HCA

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(Decision by: RICH J)

Citizens and Graziers' Life Assurance Co Ltd
v Commonwealth Life (Amalgamated) Assurances Ltd

Court:

Judges: Gavan Duffy CJ

Rich JStarke J
Dixon J
McTiernan J

Subject References:
Corporations
Amalgamation
Agreement under seal
Uncalled capital of old companies
Validity of provisions
Life assurance
Statutory restriction

Legislative References:
The Life Assurance Companies Act 1901 (Qld) (1 Edw VII No 20) - the Act
The Insurance Act 1923 (Qld) (14 Geo V No 29) - s 2(2)

Hearing date: 4 April 1934; 5 April 1934; 6 April 1934; 9 April 1934; 10 April 1934
Judgment date: 2 August 1934

SYDNEY

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Decision by:
RICH J

I have read the judgment prepared by Dixon J. and agree with it.

In my opinion the appeal should be allowed with costs, and the suit dismissed with costs.