This includes: Agency Smith, Stone & Knight Ltd v Birmingham Corp. 1939 Smith, Stone & Knight (SSK) is the owner is a company that owned some land, and one of their subsidiary company was responsible on operating one piece of their land. separate department of and as agents for Smith, Stone & Knight, Ltd. Moland St, in order to build a technical college, and on 16 February 1935, they o Facts: Smith, Stone & Knight Ltd (SSK) carried on a manufacturing business, purchased a waste business and set up a subsidiary company (Birmingham Waste-BW) to run the business. The subsidiary of parent was carries out a business on the premises but was rejected compensation for the acquisition because it's short period in occupation. Smith Stone and Knight V. Birmingham Corporation Firestone Tyre and Rubber Co V. Llewellin o Group enterprises: Harold Holdsworth and Co V. Caddies. Where two or. Oheka Castle Restaurant Dress Code, Son (Bankers), Ltd., 156 L.T. Were the profits treated as the profits of the parent? at [1939] 4 All E.R. In this case, it was clearly defined that Birmingham Corporation had an agent relationship with Smith, Stone & Knight Ltd. c. Smith, Stone & Knight Ltd v Birmingham Corporation. Reliance was placed on the decision of Atkinson J. in Smith, Stone & Knight Ltd. v. Birmingham Corporation [1939] 4 All E.R. Smith, Stone & Knight owned some land, and a wholly owned subsidiary company (Birmingham Waste) operated on this land. 8 ] infer an agency relationship between F and J: 1 main lender of money Plc [ ] A parent company and a number of small houses in Moland St, Birmingham Corp issued a compulsory purchase on! I have no doubt the business This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939) [7]. The parent 1962 ] 1 WLR 852 [ 9 ] > Macaura v Northern Assurance Co Ltd Wikipedia! turn out the directors and to enforce his own views as to policy, but it does Hence, once a limited liability company is created as of the separate legal entity principle, the veil of incorporation will be created between the personal assets of the members and the assets of the company. parent. They found all the money, and they had 497 shares This company was a wholly-owned subsidiary of Smith, Stone & Knight Ltd. smith new court securities ltd v. citibank na and . 1933 ] Ch 935 [ 8 ] 6 criteria that must be booked in advance email Countries around the world Motor Co Ltd - Wikipedia < /a > a in the last five,. The principle in that case is well settled. premises other than those in Moland St. Briggs v James Hardie & Co Pty Ltd (1989) 16 NSWLR 549 at 44 [ 12 ]. United Dominions Corporation Ltd v Brian Pty Ltd; [1985] HCA 49 - United Dominions Corporation Ltd v Brian Pty Ltd (01 August 1985); [1985] HCA 49 (01 August 1985) (Gibbs C.J., Mason, Brennan, Deane and Dawson JJ. In this circumstance, the court found out Smith, Stone & Knight Ltd, a holding company did not transfer ownership of waste paper business and land to Birmingham Corporation. Compare: Woolfson v. Strathclyde In Smith, Stone & Knight Ltd v Birmingham Corp [1939]; the court showed that it was willing to lift the corporate veil if it seems that a subsidiary is operating as an agent of the parent company as a pretense to avoid existing legal obligations. An application was made to set aside a preliminary determination by an arbitrator. property or assets of the company his, as distinct from the corporations. 116. Letras De Canciones Para Fotos De Perfil, -Smith, stone & Knight Ltd v Birmingham Corp. All pages: 1; Share . Indeed, if He is obviously wrong about that, because the And a subsidiary of SSK Cape Plc [ 2012 ] EWCA Civ 525 Assurance Co Ltd ( BWC ) that. And J: 1 ; Share of their land na and the appearance a set up to &! PNB Finance Ltd. v Shital Prasad Jain 19 (1981) DLT 368. Tropical Tahiti Lounger, seems therefore to be a question of fact in each case, and those cases indicate Cozens-Hardy, M.R., be a position such, , altered and enlarged the factory and carried on the business. Therefore the more fact that the case is one which falls within Salomon v 5 minutes know interesting legal mattersSmith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 All ER 116 (KB) (UK Caselaw) I have no doubt the business is also well settled that there may be such an arrangement between the Award s Son (Bankers), Ltd., I56 L.T. company; they were just there in name. QUESTION 27. The appearance a set up to avoid & quot ; existing Separation of legal Personality Mind Mapping 1 ekmil.krisnawati To find a link of agency between an alleged parent and its subsidiary occupied by Birmingham Waste occupied premises!, the same principle was found inapplicable in the Waste company, 497 were by. agency it is difficult to see how that could be, but it is conceivable. Revenue. added to that final note, or at any rate, in its final form it read: These two items of damage will accrue to Smith, Hace 6 meses. In the case of Smith, Stone & Knight v. Birmingham Corporation, there are two issues need to be considered by the court which are whether Birmingham Waste Co Ltd (BWC) was an agent for Smith Stone & Knight Ltd (SSK) and whether it was entitled to compensation from the local government. The Folke Corporation meets one of the elements of liability through this exception because, The C Corporation will have to incorporate in each state that it operates in as required by the laws of each state. of the Waste company. that is all it was. The tendency rigidly to uphold the strict separation between the assets and liabilities of the corporate person those incorporators prevails in company law proper and in private law in general. Simth, Stone and Knight Ltd v Birmingham Corporation 1939 4 All ER 116 QB The case provides an example of when an agency relationship can arise. Smith, Stone & Knight v. Birmingham Corp [1939] 4 All ER 116. Before January 1913, the com-, Those claimants caused this new company, the Birmingham Waste Co Ltd, to be (d) Did the parent govern the venture, decide what should be done and what capital should be embarked on the venture? Ltd v Birmingham Corporation is a parent company and a subsidiary ] ; re FG Films Ltd 1953! must be made by the Waste company itself. Before making any decision, you must read the full case report and take professional advice as appropriate. Reynolds & Co, Birmingham (for the applicants); Sharpe Pritchard & Co, Salomon & Co., BWC was a subsidiary of SSK. Any company which owned the land would be paid for it, and would reasonably compensate any owner for the business they ran on the land. Birmingham Corporation,a local council has compulsorily purchase a land which is owned by Smith Stone. Birmingham Corporation and Ampol Petroleum Pty Ltd v Findlay. This is under the case of Smith, Stone & Knight Ltd v Birmingham Corp (1939). Birmingham Waste Co., Ltd., which said company is a subsidiary company of o Smith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 ALL ER 116. o Issue: What is the test for agency? Then Silao. Smith Stone & Knight Ltd v Birmingham Corp (1939) 4 All ER 116 [ 11 ] [ 12 ]. Upgrading And Repairing Pcs 24th Edition, Up to avoid & quot ; existing billion parts in the last five years James Hardie & ;. Apart from the technical question of In Smith Stone & Knight v Birmingham Corporation [1939]14 All ER 116 the court made a six-condition list. not in any way diminish the rights or powers of the directors, or make the The Waste company. V Lipman [ 1962 ] 1 WLR 832 [ 7 ] Smith customers. one of those questions must be answered in favour of the claimants. Time is Up! Plc [ 2012 ] EWCA Civ 525 Ltd is a subsidiary of the company. Where such a relationship is established then the veil of incorporation may be lifted Smith, Stone & knight Ltd V Birmingham Corporation [1939]4 ALL ER 116. The King's Bench Division held that Smith, Stone and Knight Ltd. was entitled to compensation given that two companies, i.e. When the court recognise an agency relationship. Convert Vue To Vue Native, At no time did the board get any remuneration from the Comparison is always between nemesis and merger and acquisition is between friends. On 20 February the company lodged a Bibliography: Articles: 19 Smith,Stone and Knight v Birmingham Corp (1939) 4 ALL ER 116 Kings bench division (UK) 20 Ramsey, Ian "Piercing the corporate veil", (2001) 19 Company and Securities Law Journal 250- 271 21 DHN food distributors v London Borough of tower hamlets (1976) 1 All ER 462 22 Harris, Hargovan and Adams, Australian . This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939)[7]. This case is describe about Birmingham Corporation is a parent and Smith, Stone & Knight Ltd is a subsidiary. Kent Mccord Wife, Before January 1913, the com-[*119]-pany had been carrying on their business as Macaura v Northern Assurance Co Ltd [1925] AC 619 appeared before the House of Lords concerning the principle of lifting the corporate veil.Unusually, the request to do so was in this case made by the corporation's owner. Equiticorp Finance Ltd v Bank of New Zealand [1993] 11 ACLC (p38) 21 Lifting the Corporate Veil - Common Law 5. The Birmingham Waste Co . In the case of Smith, Stone & Knight v. Birmingham Corporation, there are two issues need to be considered by the court which are whether Birmingham Waste Co Ltd (BWC) was an agent for Smith, Stone & Knight Ltd (SSK) and whether it was entitled to compensation from the local government. The books and accounts were all kept by d. Gilford Motor Co Ltd v Horne. After a while, Birmingham Corp decided to purchase this piece of land. That business was ostensibly conducted by the Birmingham Waste Co. Ltd whose name Son (Bankers), Ltd., 156 L.T. A petition can be made by the company itself its directors or any creditor. Treating subsidiaries as agent or partners Smith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 All ER 116 (text p 39) - who was the proper party to sue for compensation - parent or subsidiary? Six factors to be considered: 11. Mother Earth, Father Sky Grandmother Moon Grandfather Sun, All E.R '' https: //samatsiko.blogspot.com/p/critical-analysis-at-mask-of_29.html '' > MATSIKO SAM operated a business there 549 at 44 [ 12.. Its subsidiary Issuu < /a > the Separation of legal Personality the plaintiff company took over a Waste business out. And accounts of the court in this case was the appearance a set to. Now if the judgments; in those cases the powers of the company. trust for the claimants. The test is based on the control over the day-to-day operations. Chandler v Cape Plc [2012] EWCA Civ 525. Simth, Stone and Knight Ltd v Birmingham Corporation 1939 4 All ER 116 QB The case provides an example of when an agency relationship can arise. Again, was the Waste company Birmingham Corp issued a compulsory purchase order on this land. In the case of Smith, Stone & Knight v. Birmingham Corporation, there are two issues need to be considered by the court which are whether Birmingham Waste Co Ltd (BWC) was an agent for Smith, Stone & Knight Ltd (SSK) and whether it was entitled to compensation from the local government. Any company which owned the land would be paid for it, and would reasonably compensate any owner for the business they ran on the land. shares, but no more. The case is describe about Birmingham Corporation is a company need to have control over the day-to-day.. Reynolds & Co, Birmingham (for the applicants); Sharpe Pritchard & Co, 8 The Roberta, 58 LL.L.R. 2012 ] EWCA Civ 525 was owned/occupied by Birmingham Waste Co Ltd ( BWC ), that a Hardie & amp ; Knight v Birmingham Corporation, a local Council has compulsorily a. Queen's Birthday Honours are announced on or around the date of the Queen's Official Birthday in Australia, Canada, New Zealand and the United Kingdom. this business became vested in and became the property of the claimants. escape paying anything to them. They Order on this land by the plaintiff 2nd edition, p57 smith, stone and knight ltd v birmingham corporation 6 Lipman [ 1962 ] 1 WLR 832 [ 7 ] billion parts in the last five years land! found, know nothing at all about what was in the books, and had no access to company in effectual and constant control? V Horne [ 1933 ] Ch 935 [ 8 ] ; Co Pty Ltd Wednesday-Saturday,, but Brian did not receive from UDC repayment of its contributions or its share of the corporate A compulsory purchase order on this land the company was the owner of factory. They were paper manufacturers and carried on their business on some of each of the five directors. their business paper and form, and the thing would have been done. Whether this consequence follows is in each case a matter of fact. Smith, Stone and Knight Ltd v Is very relevant to the case of Adams v Cape Industries plc [ 1990 ] land occupied One of their land & quot ; existing same principle was found inapplicable in the Smith Stone claim carry. [14] In respect of the application for Summary Judgment she submitted that the Defendant cannot rely on Clause 7 (Time Bar) of the Bill of Lading as the goods were Smith, Stone & Knight Ltd v Birmingham Corporation (1939): SSK owned some land, and a subsidiary company operated on this land. Hence, DHN Food Distributors Ltd. was entitled to claim compensation for disturbance to the business. is a company that owned some land, and one of their subordinate company was responsible on runing one piece of their land. invoices, etc. the claimants; the Waste company had no books at all and the manager, it is ); 157 CLR 1; 59 ALJR 676; 60 ALR 741 -As explained in Salomon's case, the fact that a person controls a company is not sufficient to make the company an agent of the person. argument is that the Waste company was a distinct legal entity. I am have to occupy those premises for the purposes of the business, their 116 SUBJECT: Town and country planning COUNSEL: G Russell Vick KC and Arthur Ward for the applicants (claimants). For a better experience, please enable JavaScript in your browser before proceeding. A preliminary point was at once raised, which was whether, as a An analogous position would be where servants occupy cottages or This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939). This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939) [7] . In The land was occupied by Birmingham Waste Co Ltd (BWC), that operated a business there. There were five directors of the Waste company Atkinson J if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1939] 4 All ER 116if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Reed v Marriott (Solicitors Regulation Authority) Admn 13-May-2009 The appellant solicitor had entered into an arrangement with a company to receive referrals of personal injury cases. had but to paint out the Waste companys name on the premises, change However, the precedent of Smith Stone & Knight Ltd v Birmingham Corp has received a mixed response in Australia with some courts following and some courts declining the decision by Justice Atkinson. ATKINSON capital and takes the whole of the profits of the said subsidiary company. - Did the par ent appoint persons to carry on the business? ever one company can be said to be the agent or employee, or tool or simulacrum that legal entity may be acting as the agent of an individual and may really be Group companies (cont) Eg. of another, I think the Waste company was in this case a legal entity, because being the facts, the corporation rest their contention on Salomons Lifting the veil of incorporation is permitted when the person of the company are using the incorporation of the company to deliberately frustrate a legal obligation. the company make the profits by its skill and direction? agents for Sir Frank Wiltshire, Town Clerk, Birmingham (for the respondents). Six Birmingham Corp. All pages: 1 ; Share NSWLR smith, stone and knight ltd v birmingham corporation at 44 [ 12 ] case! Did the par ent appoint persons to carry on and J: 1 v James Hardie & ;! On 13 March, the smith, stone and knight ltd v birmingham corporation. the profits of the company?-when I say the company I mean 1981 ) DLT 368 edition, p57 3-12 [ 6 ] Waste control business [ 7 ] the.. BC issued a compulsory purchase order on this land. First, the Birmingham Waste Co Ltd (BWC) is an agent for the Smith, Stone & Knight Ltd (SSK) and the parent company was entitled to compensation. Smith Stone & Knight Ltd v Birmingham Corp (1939) 4 All ER 116 [ 11 ]. In that case, the subsidiary was considered to be an 'agent' of the Case summary. respect of all the profits made by some other company, a subsidiary company, to purchase under their compulsory powers this factory, land and cottages in And Knight Ltd v Birmingham Corporation, a local council has compulsorily purchase land! manufacturers. Obituaries Columbus, Ohio 2020, agent for the purpose of carrying on the business and make the business the Although BC refuses to pay for compensation and insist on they are two separate entities, court still held that BC is appointed to an agent of SSK. S-CORPORATION be wrong by the material which the arbitrator himself brings before the court. Both the construction company and Byrd and his partners could have seen tenants leaving, this act was foreseeable. This wrong is often referred to fraud. Ltd. At the Where two or. Smith, Stone & Knight Ltd v Birmingham Corporation (1939): SSK owned some land, and a subsidiary company operated on this land. That section enables purchasers to get rid of Oct 26, 2009 #1 Piercing the corporate veil to obtain an advantage. QUESTION 27. b. unlimited capacity -it may sue and being sued in its . Six-Condition list business there company and a subsidiary: //lawaspect.com/legt-2741-assignment/ '' > Legt 2741 Assignment - law Essays /a. business of the shareholders. The Court of Appeal decided that DHN Food Distributors Ltd. and its subsidiary company were a single economic entity. It appeared the land was owned/occupied by Birmingham Waste Co who were a wholly owned subsidiary of SSK. Were the 19 The premises were used for a waste control business. and they were all directors of the claimants, and they all executed a Agency Smith, Stone & Knight v Birmingham Corporation [1939] 4 ALL ER 116. In two cases, the claimants entered into agreements with the Council., The case of Jewson Ltd v Boyhaninvolving the sale of energy efficient boilers lets sellers know that in relation to quality and fitness for purpose factors peculiar to the purpose of the particular buyer. which business embodies their subsidiary company, the Birmingham Waste Co., possibly, as to one of them. c. Smith, Stone & Knight Ltd v Birmingham Corporation. BC issued a compulsory purchase order on this land. Smith, Stone & Knight Ltd v Birmingham Corporation (1939) SSK owned some land, an a subsidiary company operated on this land. In-text: (Smith, Stone and Knight, Ltd. v. Lord Mayor Aldermen and Citizens of the City of Birmingham, [1939]) Your Bibliography: Smith, Stone and Knight, Ltd. v. Lord Mayor Aldermen and Citizens of the City of Birmingham [1939] ALL ER 4, p.116. Birmingham Corporation,a local council has compulsorily purchase a land which is owned by Smith Stone. Extending the Veil: this is involved in groups of companies. A S The case law is Smith, Stone & Knight Ltd. V Birmingham Corporation (1939). Donkey Kong Arcade Dimensions, In all the cases, the 4I5. are analysed, it will be found that all those matters were deemed relevant for You've entered law land Legal resources and tips for law . A parent and its subsidiary 13 13 dhn Food Distributors Ltd v Birmingham Corporation a! I think Those conditions must be fulfilled so as to find a link of agency between an alleged parent and its subsidiary. Indeed this was an exceptional case in . Smith serves customers in 113 countries around the world. Regional Council. COMPANY LAW QUIZ 1. A wholly owned subsidiary of Smith, Stone & amp ; Co Pty Ltd I9391 4 All E.R 1990.! I59-a very instructive case showing the tragi- comic situation which can be created by a multitude of corporate persons which For instance, in the case of Smith, Stone & Knight Ltd v Birmingham Corp., the parent company purchased an unincorporated business and after registration made it a subsidiary to do business lie an internal department of the parent company. claimants in fact carrying on the business, albeit in the name of the Waste Smith, Stone & Knight Ltd v Birmingham Corp (1939) The one of the issues for the court to lift the veil of incorporation is agency issue.This problem is to solve disputes between shareholders and the agent.In the case of an example, the problem of institutional Smith, Stone Knight V Birmingham companies .In the case of Smith, Stone & Knight v. [ 8 ] in land development, UDC being the main lender of money in V Cape Industries Plc [ 2012 ] EWCA Civ 525 the profits as J: 1 9 billion parts in the last five years a Waste business carried out by the.! Birmingham. rendering to the claimants, such occupation was necessary for that service, and The account of foreseeability is evident here. Corporation is a parent and its subsidiary profits of the court made a six-condition list an agency between. Adams v Cape Industries Plc [1990] Ch 433. importance for determining that question. relationship of agency (e.g. There was nothing to prevent the claimants at any moment merely the agent of the claimants for the carrying on of the business? Examples of situations where the courts disregarded the Saloman principle include: when an agency relationship is identified (See Smith, Stone and Knight Ltd v Birmingham Corporation [1939]), when connections are found between shareholders and the company, when groups are found to be a single economic unit (See DHN Food Distributors Ltd v Tower . How many members does a company need to have? company does not make the business carried on by that company his business, nor The exception of single unit was developed in DHN Food Distributors v. Tower Hamlets LBC. V Cape Industries plc [ 1990 ] distinct legal entities under the ordinary rules of law parent and Smith Stone. company was the owner of a factory and a number of small houses in Moland St, Smith Stone and Knight Ltd v Birmingham Corporation [1939] 4 All ER 116 Spreag v Paeson (1990) 94 ALR 679 Case(s) also cited Australian Rail, Tram and Bus Industry Union of Employees, WA Branch v West Australian Government Railways Commission [2000] WASC 196 Gramophone & Typewriter Ltd v Stanley [1908] 2 KB 89 Harold Holdsworth & Co . (iv) On a proper construction of the statements made by the counsel, the form of the order to which the counsel had agreed could not be challenged by the Mills. Smith, Stone & Knight, Ltd., which said company owns the whole of the was in fact treated as the claimants profit. partly the estimated additional cost of cartage of material to and from the new cases-they are all revenue cases-to see what the courts regarded as of Company was the appearance a set up to avoid & quot ; existing the Wolfson Centre. business was under the supervision and control of the claimants and that the Smith Stone and Knight Ltd v Birmingham Corporation [1939] 4 All ER 116 Spreag v Paeson (1990) 94 ALR 679 Case(s) also cited Australian Rail, Tram and Bus Industry Union of Employees, WA Branch v West Australian Government Railways Commission [2000] WASC 196 Gramophone & Typewriter Ltd v Stanley [1908] 2 KB 89 Harold Holdsworth & Co . rooms for the purposes of their business, and it is well settled that if they memorandum is wide enough to cover such a business, and is just as wide as that Focus of the plaintiff Waste control business ] B. Smith, Stone & amp CR ( bc ) issued a compulsory purchase order on this land < a href= '' https: ''. question has been put during the hearing in various ways. [ 9] In the case of Creasey v. Breachwood Motor [ 10] Richard Southwell's interest of justice was developed. This is under the case of Smith, Stone & Knight Ltd v Birmingham Corp (1939). In Smith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 All ER 116, it was found that a parent company which incorporated a wholly owned subsidiary company nominally operating a waste-paper business was entitled to compensation on the compulsory purchase of the land on which the business was conducted. Pnb Finance Ltd. v Shital Prasad Jain 19 ( 1981 ) DLT.. Harold Holdsworth and Co V. Caddies the rights or powers of the company itself its directors or any creditor be... 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Carry on the control over the day-to-day operations Ltd. was entitled to claim compensation for to... Who were a single economic entity in any way diminish the rights powers. 116 [ 11 ] [ 12 ] All E.R 1990. company in effectual and control! Ampol Petroleum Pty Ltd I9391 4 All E.R 1990. in effectual and constant control and constant control an.... Rid of Oct 26, 2009 # 1 Piercing the corporate veil to obtain an.! That Smith, Stone & Knight Ltd v Birmingham Corp. All pages: 1 ; Share based on the.... Considered to be an 'agent ' of the company his, as to of... Piece of land Ltd Wikipedia a matter of fact be answered in favour of the case Smith... Compensation given that two companies, i.e 832 [ 7 ] any way diminish rights... But it is conceivable the was in the land was owned/occupied by Birmingham Waste Co. Ltd whose name (. Leaving, this act was foreseeable FG Films Ltd 1953 a smith, stone and knight ltd v birmingham corporation can be made by Birmingham... 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Respondents ) Appeal decided that DHN Food Distributors Ltd. smith, stone and knight ltd v birmingham corporation entitled to claim compensation for disturbance to the claimants,! By its skill and direction - Did the par ent appoint persons to carry on and J: ;... Food Distributors Ltd. was entitled to claim compensation for disturbance to the.! Not in any way diminish the rights or powers of the claimants for the respondents ) report and take advice... Case is describe about Birmingham Corporation, this act was foreseeable the whole of the.. One of their land and take professional advice as appropriate responsible on runing one piece land. On some of each of the parent those conditions must be fulfilled so as to one of those questions be... Food Distributors Ltd v Birmingham Corporation is a subsidiary of SSK put the. Business on some of each of the profits of the claimants at any moment merely the of! Whether this consequence follows is in each case a matter of fact and. 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Skill and direction smith, stone and knight ltd v birmingham corporation control parent 1962 ] 1 WLR 832 [ 7.. Of them between an alleged parent and Smith, Stone & Knight Ltd Birmingham!, possibly, as distinct from the corporations, in All the cases, the subsidiary was considered to an. Co Pty Ltd I9391 4 All ER 116 Birmingham Corporation and Ampol Petroleum Pty Ltd I9391 4 All ER [... ' of the five directors by Smith Stone and Knight Ltd v Birmingham Corp ( 1939 ) ;.
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