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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pearston Petitioner [1911] ScotLR 755 (19 May 1911) URL: http://www.bailii.org/scot/cases/ScotCS/1911/48SLR0755.html Cite as: [1911] ScotLR 755, [1911] SLR 755 |
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Page: 755↓
(Single Bills.)
A note for the appointment of a new liquidator falls to be presented to the Lord Ordinary in the liquidation, and not to the Division.
The Companies (Consolidation) Act 1908 (8 Edw. VII, c. 69) enacts — Section 135 — “The Court having jurisdiction to wind up companies registered in Scotland shall be the Court of Session in either Division thereof, or, in the event of a remit to a permanent Lord Ordinary, that Lord Ordinary during session, and in time of vacation the Lord Ordinary on the Bills.” Section 149, sub-sec. (7)—‘“A vacancy in the office of a liquidator appointed by the Court shall be filled by the Court.” Section 285—“In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them
Page: 756↓
(that is to say) … ‘The Court’ used in relation to a company means the Court having jurisdiction to wind up the company. On 19th July 1910 Mrs Isabella Macgregor or Pearston, 10 Queen's Drive, Glasgow, a shareholder and sole director of the Scottish Proprietary, Limited, presented a petition to the First Division praying that the company might be wound up by the Court under the provisions of the Companies (Consolidation) Act 1908. On 3rd August 1910 the Lord Ordinary officiating on the Bills ordered the company to be wound up by the Court, and appointed Mr Norman Cairns, C.A., Edinburgh, to be official liquidator thereof. On 15th October 1910 their Lordships of the First Division remitted to Lord Cullen to proceed in the winding-up. Mr Cairns having died on 12th April 1911, a note was presented to the First Division by Mrs Pearston for the appointment of a new liquidator.
The note appeared in the Single Bills on 19th May, when counsel for the petitioner moved for intimation.
[The Court did not write upon the application.]
Counsel for Petitioner— W. T. Watson. Agents— Dove, Lockhart, & Smart, S.S.C.
