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Colonial Cases

British North Borneo Company v. Chine Sabah Land Farming Company, 1887

[civil procedure]

British North Borneo Company v. Chine Sabah Land Farming Company

Supreme Court for China and Japan
Rennie CJ, 29 July 1887
Source: North China Herald, 5 August 1887

LAW REPORTS.
IN H.B.M.'s SUPREME COURT FOR CHINA AND JAPAN.
Shanghai, 29th July, 1887
Before Sir R. T. Rennie, Chief Justice.
IN CHAMBERS.
THE BRITISH NORTH BORNEO COMPANY, Plaintiff,
And
THE CHINESE SABAH LAND FARMING COMPANY, and ERNEST MAJOR, Defendants.
  Mr. Drummond for the plaintiff.
  Mr. Myburgh for Mr. John Morris, a partner in the defendant company.
  An answer having been filed by Mr. John Morris, Mr. Drummond now applied by summons asking that Mr. Morris should be ordered to file a further, better, and specific answer, and that the defendant John Morris should pay the costs of this summons.  Mr. Drummond referred to the ruleso f the Supreme Court as to answers, viz., ules 47, 48 and 49, and to the English rules as to pleading; also to a decision of Sir E. Hornby's on the same point.  He pointed out that the answer filed was not specific as required by the rules, and as evasive, and embarrassing, and while disclosing a great number of possible offences, did not properly raise one of them.
  Mr. Myburgh replied that he had answered sufficiently clearly, and shown that M. Morris's defence was that although the defendant Company was liable, he as a shareholder was not liable by reason of the provision to that effect in clause 45 of the Deed of Settlement of the Chinese Sabah Land Farming Company.
  His Lordship remarked that from his examination of the answer he would have thought that the intended defence was quite different to that stated by M. Myburgh.
  The matter was fully argued, and His Lordship said that he considered the answer decidedly unsatisfactory and embarrassing, and ordered the defendant, John Morris to file a specific answer clearly showing the grounds of his defence within one week, and to pay the costs of this summons.

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