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Coopers & Lybrand (then McDonald, Currie & Co) were the companies’ auditors. ... That this was, in fact, the result is shown by immediate dramatic increase in growth, revenues and profits for 1969 and subsequent years. ... In that statement I am echoing the views of the Tax Review Board where this was said [p 2247]: It is obvious from observing him in the witness-box, and from the manner in which he gave his evidence and the results that have been achieved, that he is very forceful and an enterprising businessman. ...

On the other hand Mr Holden impressed me, both in the box and from his experience, as a competent businessman. ... It may be that Associated’s financial picture improved between that date and March 27, 1970, but there is no evidence that suggests a dramatic improvement during that period. ... The four cases are the following: Harrison v John Cronk & Sons Ltd, [1937] AC 185: Absalom v Talbot, [1944] AC 204: William Dickinson & Co Ltd v Bristow, [1946] 1 All ER 448; Himmen v MNR, 4 Tax ABC 44; 51 DTC 144. ...