Skip to Content

Colonial Cases

Credit Foncier of Mauritius Ltd v. Andre Paturan, 1876

[mortgage]

Credit Foncier of Mauritius Ltd v. Andre Paturan

Judicial Committee of the Privy Council
5 December 1876
Source: The Times, 6 December 1876

LAW REPORT.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Dec. 5.
Present - Lord Blackburn, Sir James Colville, Sir Barnes Peacock, Sir Montague Smith, and Sir Robert Collier.
THE CREDIT FONCIER OF MAURITIUS (LIMITED) v. ANDRE PATURAN AND OTHERS.
  This was an appeal from a judgment of the Supreme Court of Mauritius, under date of the 15th of January, 1875.
  Mr. Leith, Q.C., and Mr. Lumley Smith were for the appellant.  The respondents were not represented.
  The appellants were made parties in the suit as the principal mortgagees of a sugar estate and plantation in the Mauritius, called Clairford, and the respondents were engineers carrying on business at Port Louis, in the Mauritius. The arguments of the appeal were purely technical, and had no general interest.
  Sir Barnes Peacock, in pronouncing judgment, said, whatever might be the decision of the tribunal upon that appeal, the Credit Foncier would get no benefit whatever. The only interest the Credit Foncier could take was to have that judgment reversed, with costs, in order that they might recover the original costs to which they had been put in the action. But appeals were not allowed to that tribunal merely for the sake of costs, and if they were, did the costs amount to the appealable value, which the Credit Foncier, when they appealed to that Board, alleged was the amount involved in the litigation. The Credit Foncier had no locus standi whatever, and, consequently, their Lordships would humbly advise Her Majesty to dismiss the appeal.
  Their Lordships also had before them some motions to dismiss an appeal and to fix days for the hearing of applications for prolongation of patents.
  Lord Blackburn sat for the first time upon the Committee.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School