Murray v. Petitioner [1906] ScotLR 43_686 (23 June 1906)

Murray v. Petitioner [1906] ScotLR 43_686 (23 June 1906)

A clerical error in the date of the first deliverance in the Edinburgh Gazette notice does not invalidate the sequestration process, and the Court may authorise correction by further notice, enabling the Sheriff to confirm the election of trustee and commissioner as if the original notice had been correct.

Citation
[1906] ScotLR 43_686
Parties
Petitioner: Alfred Alexander Murray; Debtor: Charles Oscar Northwood
Jurisdiction
Scotland
Judgment Date
23 June 1906
Procedural Posture
Petition (bankruptcy/sequestration) / Application to Nobile Officium Following Clerical Error in Gazette Notice
Outcome
Petition granted as amended
Legal Topics
Sequestration, Clerical Error, Gazette Notice, Nobile Officium
Bankruptcy Civil Procedure Sequestration Clerical Error Gazette Notice Nobile Officium

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Parties

Alfred Alexander Murray

Petitioner

Charles Oscar Northwood

Debtor

Procedural Posture

Petition (bankruptcy/sequestration) / Application to Nobile Officium Following Clerical Error in Gazette Notice

Legal Issues

  1. 1 Whether the Court can authorise correction of a clerical error in a statutory Gazette notice under the Bankruptcy (Scotland) Act 1856 via its nobile officium
  2. 2 Whether the error in the date of the first deliverance in the Edinburgh Gazette invalidates subsequent sequestration proceedings

Ratio Decidendi

A clerical error in the date of the first deliverance in the Edinburgh Gazette notice does not invalidate the sequestration process, and the Court may authorise correction by further notice, enabling the Sheriff to confirm the election of trustee and commissioner as if the original notice had been correct.

Court Disposition

Petition granted as amended

Orders

  • Petitioner authorised to insert corrective notice in the Edinburgh Gazette within four days
  • Sheriff authorised, upon proof of such notice, to confirm election of trustee and commissioner and proceed as if the original notice had been correct