9911796707
TMI Blog1967 (7) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... r and Engineering Co. Ltd. [1962] 1 WLR 1236 ; [1962] 3 All. ER 68 ; [1963] 33 Comp. Cas. 207 and to what Pennycuick J. has said in In re Travel Holiday Clubs Ltd. [1967] 1 WLR 711 ; [1967] 2 All. ER 606 ; [1967] 37 Comp. Cas. 673 and in In re S.B.A. Properties Ltd. [1967] WLR 799 ; [1967] 2 All. ER 615 ; [1967] 37 Comp. Cas. 618. In In re A.B.C. Coupler and Engineering Co. Ltd.'s cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and not by hearsay evidence. As I pointed out in my judgment4, in that case the respondents had been virtually unable to test the evidence of the petitioner at all because of the fact that the deponent, who was the only witness available for them to cross-examine, had no personal knowledge of the matter beyond what he had obtained from a reading of the inspectors' report. It seemed to me, in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the evidence which was before Pennycuick J., but it may be that the answer to that question would depend upon the state of the evidence. Mr. Nourse has suggested that the effect of section 169 is really to throw upon a company or any person who seeks to dispute the accuracy of the inspectors' report, the onus of adducing evidence which will be of such a character as to throw the onus back ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
