Marlow, Petitioner [1912] ScotLR 464 (28 February 1912)

Where the statutory requirements for application are met and the liquidator consents, the Court may appoint a committee of inspection in a voluntary winding-up without requiring further intimation or service.

Citation: [1912] ScotLR 464
Parties: Petitioner: John Henry Marlow; Company in Voluntary Winding Up: Cherry & Company, Limited; Liquidator: George A. D. Scott
Jurisdiction: Scotland
Judgment Date: 28 February 1912
Procedural Posture: Petition for Appointment of Committee of Inspection in Voluntary Winding Up / Application for Appointment Under Section 188 of the Companies (consolidation) Act 1908
Outcome: Application granted
Legal Topics: Voluntary Winding Up, Committee of Inspection, Court Procedure Under Companies Act

Company Law Insolvency Voluntary Winding Up Committee of Inspection Court Procedure Under Companies Act

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Parties

John Henry Marlow

Petitioner

Cherry & Company, Limited

Company in Voluntary Winding Up

George A. D. Scott

Liquidator

Procedural Posture

Petition for Appointment of Committee of Inspection in Voluntary Winding Up / Application for Appointment Under Section 188 of the Companies (consolidation) Act 1908

Legal Issues

1 Whether the Court should appoint a committee of inspection in a voluntary winding-up under section 188 of the Companies (Consolidation) Act 1908 without intimation or service, upon production of the liquidator's consent

Ratio Decidendi

Court Disposition

Application granted

Orders

Appointment of John Henry Marlow and Robert Watson as committee of inspection in the voluntary winding-up of Cherry & Company, Limited