Scottish Court of Session Decisions

Subject_1Public Company
Subject_2Winding-up
Subject_3List of Contributories
Subject_4Provision for Repayment by Liquidators in event of Removal of Name from List by House of Lords if Appeal Sustained.
Facts:

It having been brought under the notice of the Court that difficulty might arise as to the repayment of calls if there were a reversal by the House of Lords of decisions which the Court had given adversely to parties petitioning for removal from the list of contributories, the Court, in the view that it would be for the advantage of the liquidators, and at any rate useful for their guidance as well as beneficial to the petitioners, pronounced the following general order:—“On application of several contributories for an order on the liquidators that the call already made should not be enforced in the meantime against them, on the ground that they might have duly applied to have their names removed from the list of contributories, and that their application cannot be finally disposed of before the said call becomes payable, and that they are apprehensive that if they should pay the said call, and afterwards succeed in obtaining a judgment of the Court or of the House of Lords directing their names to be removed from the list of contributories, they might not be able to obtain repetition of the amount of the calls so paid—the Court order and declare that the liquidators in enforcing payment of calls in such cases are under an obligation to repay, in whole or in part, the amount recovered from any contributory who thereafter obtains a judgment ordering his name to be removed from the list of contributories, or directing such variations of the list as will limit or postpone his liability for such calls.”