Robertson-Durham and Another (Liquidators of Bruce Peebles & Co., Ltd) v. Stern and Watt [1909] ScotLR 77 (09 November 1909)

Robertson-Durham and Another (Liquidators of Bruce Peebles & Co., Ltd) v. Stern and Watt [1909] ScotLR 77 (09 November 1909)

Foreign claimants whose claims are rejected in a liquidation and who seek a court decision are in the position of pursuers and, absent special reasons, must sist mandataries to protect the interests of the liquidator and creditors.

Citation
[1909] ScotLR 77
Parties
Liquidators: Robertson-Durham and Another (Liquidators of Bruce Peebles & Company, Limited); Claimant: Julius Stern; Claimant: Alexander Watt
Jurisdiction
Scotland
Judgment Date
09 November 1909
Procedural Posture
Liquidation Motion / Motion to Ordain Claimants to Sist Mandataries
Outcome
motion granted
Legal Topics
Foreign Claimants, Mandatary Requirement, Liquidation Process
Insolvency Civil Procedure Foreign Claimants Mandatary Requirement Liquidation Process

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Parties

Robertson-Durham and Another (Liquidators of Bruce Peebles & Company, Limited)

Liquidators

Julius Stern

Claimant

Alexander Watt

Claimant

Procedural Posture

Liquidation Motion / Motion to Ordain Claimants to Sist Mandataries

Legal Issues

  1. 1 Whether foreign claimants in a liquidation whose claims are rejected must sist mandataries

Ratio Decidendi

Foreign claimants whose claims are rejected in a liquidation and who seek a court decision are in the position of pursuers and, absent special reasons, must sist mandataries to protect the interests of the liquidator and creditors.

Court Disposition

motion granted

Orders

  • Claimants Julius Stern and Alexander Watt are ordained to sist mandataries.