Ker (Liquidator of the Millhall Flock and Fibre Manufacturing Co., Ltd) v. Hughes [1907] ScotLR 44_299 (12 January 1907)

Ker (Liquidator of the Millhall Flock and Fibre Manufacturing Co., Ltd) v. Hughes [1907] ScotLR 44_299 (12 January 1907)

The Court possesses the power, under its nobile officium and section 115 of the Companies Act 1862, to grant warrant to search for and recover company books and papers from a contumacious officer, ensuring compliance with liquidation orders and facilitating the liquidator's statutory duties.

Citation
[1907] ScotLR 44_299
Parties
Applicant (liquidator): Charles Ker; Company (in Liquidation): Millhall Flock and Fibre Manufacturing Company, Limited; Respondent (secretary): Thomas B. Hughes
Jurisdiction
Scotland
Judgment Date
12 January 1907
Procedural Posture
Company Winding Up Proceedings / Application for Enforcement of Delivery of Company Documents During Liquidation
Outcome
Warrant granted to search for and recover company books and papers; petition remitted to Lord Ordinary for further proceedings and expenses.
Legal Topics
Winding Up, Liquidator's Powers, Contumacy, Court's Nobile Officium, Recovery of Company Property
Company Law Insolvency Law Civil Procedure Winding Up Liquidator's Powers Contumacy Court's Nobile Officium Recovery of Company Property

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Parties

Charles Ker

Applicant (liquidator)

Millhall Flock and Fibre Manufacturing Company, Limited

Company (in Liquidation)

Thomas B. Hughes

Respondent (secretary)

Procedural Posture

Company Winding Up Proceedings / Application for Enforcement of Delivery of Company Documents During Liquidation

Legal Issues

  1. 1 Whether the Court has power to grant warrant to search for and seize company books and papers from a contumacious officer
  2. 2 Whether section 115 of the Companies Act 1862 authorises such warrant
  3. 3 Appropriate procedural mechanism for enforcement against refusal to deliver documents

Ratio Decidendi

The Court possesses the power, under its nobile officium and section 115 of the Companies Act 1862, to grant warrant to search for and recover company books and papers from a contumacious officer, ensuring compliance with liquidation orders and facilitating the liquidator's statutory duties.

Court Disposition

Warrant granted to search for and recover company books and papers; petition remitted to Lord Ordinary for further proceedings and expenses.

Orders

  • Grant warrant to messengers-at-arms to search for and recover the books and documents of the company, opening shut and lockfast places if necessary.
  • Hand over recovered documents to the liquidator.