Oliver Collinge & Stratford Hamilton as joint liquidators of Ayma Iot LTD (In Liquidation) against John Macmillan (Sheriff Appeal Court Civil) [2024] SAC Civ 31 (19 July 2024)

Oliver Collinge & Stratford Hamilton as joint liquidators of Ayma Iot LTD (In Liquidation) against John Macmillan (Sheriff Appeal Court Civil) [2024] SAC Civ 31 (19 July 2024)

The interests of justice require that the appellant be allowed to lodge amended Answers and have the case remitted for further procedure, as he has now engaged legal representation and has a prima facie defence; the sheriff did not err in his approach, but the appellate court exercises its discretion to allow the appeal.

Citation
[2024] SAC Civ 31
Parties
Noters/respondents: Oliver Collinge & Stratford Hamilton as joint liquidators of Ayma IOT Limited (In Liquidation); First Respondent: John MacMillan; Second Respondent/appellant: Tanvir Ahmad; Third Respondent: Grace Anne MacMillan
Jurisdiction
Scotland
Judgment Date
19 July 2024
Procedural Posture
Appeal in Liquidation Proceedings / Appeal Against Decree by Default for Failure to Lodge Answers in Proper Form
Outcome
Appeal allowed
Legal Topics
Liquidation, Directors' Duties, Decree by Default, Written Pleadings, Wrongful Trading
Insolvency Civil Procedure Liquidation Directors' Duties Decree by Default Written Pleadings Wrongful Trading

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Parties

Oliver Collinge & Stratford Hamilton as joint liquidators of Ayma IOT Limited (In Liquidation)

Noters/respondents

John MacMillan

First Respondent

Tanvir Ahmad

Second Respondent/appellant

Grace Anne MacMillan

Third Respondent

Procedural Posture

Appeal in Liquidation Proceedings / Appeal Against Decree by Default for Failure to Lodge Answers in Proper Form

Legal Issues

  1. 1 Whether the sheriff erred in granting decree by default for failure to lodge Answers in proper form
  2. 2 Whether the appellant should be allowed to lodge amended Answers and have the case remitted for further procedure

Ratio Decidendi

The interests of justice require that the appellant be allowed to lodge amended Answers and have the case remitted for further procedure, as he has now engaged legal representation and has a prima facie defence; the sheriff did not err in his approach, but the appellate court exercises its discretion to allow the appeal.

Court Disposition

Appeal allowed

Orders

  • Recall the interlocutor of 27 November 2023
  • Allow the amended Answers to be received