Belhaven Engineering and Motors, Ltd, Petitioners [1912] ScotLR 19 (16 October 1912)

Belhaven Engineering and Motors, Ltd, Petitioners [1912] ScotLR 19 (16 October 1912)

The Court refused the note in all its branches as unnecessary and incompetent: confirmation of the liquidator was unnecessary since he became an officer of the Court under the supervision order and no objections were raised; confirmation of the committee of advice was unauthorised as there is no statutory provision for such a committee; and a remit to a Lord Ordinary occurs automatically without need for a separate application.

Citation
[1912] ScotLR 19
Parties
Petitioner: Belhaven Engineering and Motors, Limited; Liquidator (petitioner): A. R. Yule, C. A.
Jurisdiction
Scotland
Judgment Date
16 October 1912
Procedural Posture
Petition (company Winding Up) / Application for Confirmation of Liquidator and Committee, and Remit to Lord Ordinary
Outcome
Petition refused
Legal Topics
Voluntary Liquidation, Supervision Order, Appointment of Liquidator, Committee of Advice, Court Supervision of Winding Up
Company Law Insolvency Voluntary Liquidation Supervision Order Appointment of Liquidator Committee of Advice Court Supervision of Winding Up

Case Brief

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Parties

Belhaven Engineering and Motors, Limited

Petitioner

A. R. Yule, C. A.

Liquidator (petitioner)

Procedural Posture

Petition (company Winding Up) / Application for Confirmation of Liquidator and Committee, and Remit to Lord Ordinary

Legal Issues

  1. 1 Whether the Court should confirm the appointment of a voluntary liquidator after a supervision order is granted
  2. 2 Whether the Court can confirm the appointment of a committee of advice in a supervised winding-up
  3. 3 Whether a remit to a Lord Ordinary requires a separate application

Ratio Decidendi

The Court refused the note in all its branches as unnecessary and incompetent: confirmation of the liquidator was unnecessary since he became an officer of the Court under the supervision order and no objections were raised; confirmation of the committee of advice was unauthorised as there is no statutory provision for such a committee; and a remit to a Lord Ordinary occurs automatically without need for a separate application.

Court Disposition

Petition refused

Orders

  • Prayer of the note refused in all its branches