NOTES OF JOSEPH SWEENEY AND DONALDA SWEENEY FOR ORDERS IN RELATION TO THE WINDING UP OF WEST LARKIN LTD [2020] ScotCS CSIH_65 (20 October 2020)

NOTES OF JOSEPH SWEENEY AND DONALDA SWEENEY FOR ORDERS IN RELATION TO THE WINDING UP OF WEST LARKIN LTD [2020] ScotCS CSIH_65 (20 October 2020)

The liquidator's decision not to challenge the agricultural tenancy right to buy registration was a reasonable exercise of business judgment and does not meet the threshold for court intervention; Mrs Sweeney is entitled to assignation of the judgment debt upon payment, as per the clear wording of Rule 7.21.

Citation
[2020] ScotCS CSIH_65
Parties
Noter: Joseph Alexander Sweeney; Noter: Donalda Theresa Sweeney; Respondent: Amanda Urquhart; Liquidator: Liquidator (Duthie QC)
Jurisdiction
Scotland
Judgment Date
20 October 2020
Procedural Posture
Notes for Orders in Liquidation / Appeal (reclaiming Motion)
Outcome
Appeals refused; Judge's interlocutors adhered to.
Legal Topics
Liquidator's Powers, Right to Buy, Agricultural Tenancy, Assignation of Debt, Rectification of Register of Members
Company Law Insolvency Property Law Liquidator's Powers Right to Buy Agricultural Tenancy Assignation of Debt Rectification of Register of Members

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Parties

Joseph Alexander Sweeney

Noter

Donalda Theresa Sweeney

Noter

Amanda Urquhart

Respondent

Liquidator (Duthie QC)

Liquidator

Procedural Posture

Notes for Orders in Liquidation / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Should the court require the liquidator to challenge the agricultural tenancy right to buy registration?
  2. 2 Is Joseph Sweeney entitled to rectification of the register of members?
  3. 3 Is Donalda Sweeney entitled to assignation of the judgment debt?

Ratio Decidendi

The liquidator's decision not to challenge the agricultural tenancy right to buy registration was a reasonable exercise of business judgment and does not meet the threshold for court intervention; Mrs Sweeney is entitled to assignation of the judgment debt upon payment, as per the clear wording of Rule 7.21.

Court Disposition

Appeals refused; Judge's interlocutors adhered to.

Orders

  • Joseph Sweeney's note dismissed; no order requiring liquidator to challenge right to buy registration.
  • Rectification of register of members refused.