Robert Addie & Sons' Collieries, Ltd and Reduced, Petitioners [1916] ScotLR 705 (14 July 1916)

The Court held that the prayer in such petitions must distinguish and separately state the procedural steps mandated by section 49 of the Companies (Consolidation) Act 1908, and allowed amendment of the prayer accordingly.

Citation: [1916] ScotLR 705
Parties: Petitioner: Robert Addie & Sons' Collieries, Limited and Reduced
Jurisdiction: Scotland
Judgment Date: 14 July 1916
Procedural Posture: Petition for Confirmation of Reduction of Capital / Interlocutory Order on Form of Prayer and Procedural Steps
Outcome: Amendment to prayer allowed; procedural dates fixed; remit for inquiry and report; advertisement ordered.
Legal Topics: Reduction of Capital, Objections by Creditors, Procedural Requirements Under Companies Act

Company Law Civil Procedure Reduction of Capital Objections by Creditors Procedural Requirements Under Companies Act

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Parties

Robert Addie & Sons' Collieries, Limited and Reduced

Petitioner

Procedural Posture

Petition for Confirmation of Reduction of Capital / Interlocutory Order on Form of Prayer and Procedural Steps

Legal Issues

1 Whether the prayer in a petition for confirmation of reduction of capital must distinguish the procedural steps required by section 49 of the Companies (Consolidation) Act 1908

Ratio Decidendi

Court Disposition

Amendment to prayer allowed; procedural dates fixed; remit for inquiry and report; advertisement ordered.

Orders

Allowed amendment to the prayer as proposed by petitioners
Fixed 30th June as the date for making up the list of creditors under section 49