Rosserlane Consultants Ltd & Anor, Re Petition of [2008] ScotCS CSOH_120 (20 August 2008)

Rosserlane Consultants Ltd & Anor, Re Petition of [2008] ScotCS CSOH_120 (20 August 2008)

The petitioners do not have a sufficiently strong prima facie claim as creditors of Caspian, and ordinary legal remedies (such as seeking freezing orders in England and the British Virgin Islands) are available to them. Therefore, the appointment of an interim judicial factor is not appropriate and should be recalled.

Citation
[2008] ScotCS CSOH_120
Parties
Petitioner: Rosserlane Consultants Ltd; Petitioner: Glenn Arthur Nobes; Respondent: Berghoff Trading Limited; Respondent: GEA Holdings Limited
Jurisdiction
Scotland
Judgment Date
20 August 2008
Procedural Posture
Petition for Appointment of Judicial Factor / Application for Recall of Interim Judicial Factor
Outcome
Recall of interim judicial factor granted; petitioners found liable for fees and expenses incurred by interim judicial factor.
Legal Topics
Appointment of Judicial Factor, Creditors' Remedies, Dissolution of Partnership, Freezing Injunctions, Jurisdictional Remedies
Insolvency Partnership Law Civil Procedure Appointment of Judicial Factor Creditors' Remedies Dissolution of Partnership Freezing Injunctions Jurisdictional Remedies

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Parties

Rosserlane Consultants Ltd

Petitioner

Glenn Arthur Nobes

Petitioner

Berghoff Trading Limited

Respondent

GEA Holdings Limited

Respondent

Procedural Posture

Petition for Appointment of Judicial Factor / Application for Recall of Interim Judicial Factor

Legal Issues

  1. 1 Whether petitioners have title and interest to seek appointment of judicial factor over dissolved partnership
  2. 2 Whether appointment of judicial factor is a remedy of last resort
  3. 3 Whether petitioners have a prima facie claim as creditors of Caspian

Ratio Decidendi

The petitioners do not have a sufficiently strong prima facie claim as creditors of Caspian, and ordinary legal remedies (such as seeking freezing orders in England and the British Virgin Islands) are available to them. Therefore, the appointment of an interim judicial factor is not appropriate and should be recalled.

Court Disposition

Recall of interim judicial factor granted; petitioners found liable for fees and expenses incurred by interim judicial factor.

Orders

  • Appointment of interim judicial factor recalled
  • Sequestration ad interim of Caspian's estates and assets recalled