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TYNE IMPROVEMENT COMMISSIONERS v. ARMEMENT ANVERSOIS SOCIETE ANONYME AND OTHERS.

Lloyd's Law Reports

TYNE IMPROVEMENT COMMISSIONERS v. ARMEMENT ANVERSOIS SOCIETE ANONYME AND OTHERS.

(1945) 79 Ll.L.Rep. 373

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher.

Practice-Writ-Motion to set aside-Foreign corporation - Whether "resident" in Great Britain at date of writ - Action brought by harbour authority against Belgian shipping company, owners of steamship Brabo, and other defendants, claiming cost of raising and removal, etc., of wreck of Brabo sunk in plaintiffs' harbour-Writ served on A., resident in Great Britain and for some time acting as Belgian company's representative in Great Britain - Motion by Belgian company to set aside writ on ground that they were not residing or carrying on business in Great Britain at date of writ and that therefore service upon A. did not constitute service upon Belgian company- Evidence that when Belgium was invaded by Germans, the effective management of the affairs of the Belgian company were conducted in England by A., a director of the company, and that A. continued so to act until the liberation of Belgium in 1945 -Writ served upon A. in March, 1946- Registration provisions of Sect. 344 (1) of the Companies Act, 1929, not complied with by Belgian company-Effect.

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