Burton (Liquidator of Ben Line Steamers Ltd), Re an Order for Audit of Accounts [2008] ScotCS CSOH_75 (20 May 2008)

Burton (Liquidator of Ben Line Steamers Ltd), Re an Order for Audit of Accounts [2008] ScotCS CSOH_75 (20 May 2008)

The court granted the interim order for audit of the liquidator's accounts and fixing of remuneration for the specified period, holding that the competence of the remit to the reporter and auditor is not dependent on prior waiver of non-compliance, and that the question of waiver may be considered after reports are received.

Citation
[2008] ScotCS CSOH_75
Parties
Noter / Liquidator: Thomas M Burton; Company in Liquidation: The Ben Line Steamers Limited (in liquidation)
Jurisdiction
Scotland
Judgment Date
20 May 2008
Procedural Posture
Application in Liquidation Proceedings / Interim Application for Audit of Accounts and Fixing of Remuneration
Outcome
Interim order granted for audit of accounts and fixing of remuneration; consideration of waiver of non-compliance deferred.
Legal Topics
Liquidator's Accounts, Audit of Accounts, Remuneration of Liquidator, Waiver of Procedural Non Compliance
Insolvency Company Law Liquidator's Accounts Audit of Accounts Remuneration of Liquidator Waiver of Procedural Non Compliance

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Parties

Thomas M Burton

Noter / Liquidator

The Ben Line Steamers Limited (in liquidation)

Company in Liquidation

Procedural Posture

Application in Liquidation Proceedings / Interim Application for Audit of Accounts and Fixing of Remuneration

Legal Issues

  1. 1 Whether the court should grant an interim order for audit of the liquidator's accounts and fix his remuneration for a specified period
  2. 2 Whether the court should waive the liquidator's non-compliance with statutory time limits for submitting accounts and claims for remuneration

Ratio Decidendi

The court granted the interim order for audit of the liquidator's accounts and fixing of remuneration for the specified period, holding that the competence of the remit to the reporter and auditor is not dependent on prior waiver of non-compliance, and that the question of waiver may be considered after reports are received.

Court Disposition

Interim order granted for audit of accounts and fixing of remuneration; consideration of waiver of non-compliance deferred.

Orders

  • Remit granted to reporter and auditor for audit of liquidator's accounts and claim for remuneration for period 17 March 2003 to 16 September 2007.
  • Consideration of waiver of non-compliance with statutory time limits left over until after receipt of reports.