“…reject the arguments advanced on behalf of EVER SMART as to distinguishing Kulemesin and himself distinguished the present case from the decision in The Albano [1907] AC 139. Teare J’s conclusion (at [64]) was as follows:…”
“…For completeness, I have not lost sight of the decision of the Privy Council in The Albano [1907] AC 139. The short answer, however, is that The Albano is plainly distinguishable, for the reasons given by the Judge at [57] – [63], notably that the case was not con…”