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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wishart v. West Regent Investment Co., Ltd [1908] ScotLR 512 (04 March 1908) URL: http://www.bailii.org/scot/cases/ScotCS/1908/45SLR0512.html Cite as: [1908] SLR 512, [1908] ScotLR 512 |
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Page: 512↓
(Single Bills.)
The Court will not grant as a matter of course his expenses to a creditor petitioning for the winding-up of a company, or for a supervision order, but will leave that question to the Lord Ordinary to whom the liquidation is remitted.
On February 19, 1908, Matthew Wishart, joiner, Kirkcaldy, presented a petition under secs. 79 and 80 of the Companies Act 1862 (25 and 26 Vict. cap. 89) for the winding-up by the Court of the West Regent Investment Company, Limited, 183 W. George Street, Glasgow, or alternatively to have the voluntary winding-up already resolved upon by the company placed under the supervision of the Court and an independent liquidator appointed in place of Mr Meikle, the liquidator chosen by the company.
The petitioner was a creditor of the company for £70, being the sum contained in
Page: 513↓
a bill granted by the company to him on which he had charged but had not received payment. The company's nominal capital was £5000, of which £42, 4s. was subscribed, and the liabilities were stated to amount to £11,795, 11s. 5d., with assets amounting to £11,511, 12s. 3d. On 4th March 1908 Mr Wishart presented a note to the Lord President stating that since the date of his petition the company had resolved that the voluntary winding-up should be continued under the supervision of the Court, and that Mr Patrick, C.A., Glasgow, should be associated with Mr Meikle as joint-liquidator, and craving confirmation of that arrangement.
The Court ordered the voluntary winding-up to be continued subject to the supervision of the Court, superseded the appointment of Mr Meikle, and in his room and place appointed Mr J. M. Macleod, C.A., Glasgow, as liquidator of the company, and found the petitioner entitled to the expenses of the petition as the same should be taxed by the Auditor.
Counsel for Petitioner— D. M. Wilson. Agents— Adamson, Gulland, & Stuart, S.S.C.