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Colonial Cases

Diore v. Lachambre, 1877

[insolvency]

Diore v. Lachambre

Judicial Committee of the Privy Council
7 July 1877
Source: The Times, 9 July 1877

LAW REPORT.
JUDICIAL COMMITTEE OF THR PRIVY COUNCIL, July 7.
Present - Sir James Colville, Sir Barnes Peacock, Sir Montague Smith, and Sir Robert Collier.
DIORE v. LACHAMBRE.
  This was an appeal from a decision of the Supreme Court in the Island of Mauritius, of the 8th of June, 1875, disposing of objections raised on behalf of the appellant, Madame Diore, to a provisional scheme for the distribution of the proceeds of the sale of the Phoenix sugar estate in the Mauritius, which had been placed under the judicial sequestration of the Court at the suit of the respondents, Messrs. E. Lachambre, Gautreau, and Co., bankers, of Paris, and of certain sugars produced subsequently to the date of the sequestration. Both parties were mortgagees on the estate, and the question between them was to what extent the mortgage of the respondents were entitled to priority over that of the appellant.
  The case was argued by Mr. Benjamin, Q.C., and Mr. Ulcoq for the appellant, and Mr. Cohen, Q.C., and Mr. Rigby for the respondents.
  Sir  Robert Collier, after reviewing the facts in some details, intimated that their Lordships would advise Her Majesty to affirm the judgment appealed against and to dismiss the appeal, with costs.

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