Forth Shipbreaking Co., Ltd, and Others Petitioners [1924] ScotLR 371 (08 March 1924)

Forth Shipbreaking Co., Ltd, and Others Petitioners [1924] ScotLR 371 (08 March 1924)

The Court refused to exercise its nobile officium to declare the dissolution void because the ordinary law provided a remedy, and the case was not materially different from Macdonald's Curator Bonis, where similar relief was refused.

Citation
[1924] ScotLR 371
Parties
Petitioner: Forth Shipbreaking Company, Limited (old company); Petitioner: John Taylor Tulloch (liquidator of new company); Petitioner: William Fulton Andrew (surviving liquidator of old company)
Jurisdiction
Scotland
Judgment Date
08 March 1924
Procedural Posture
Petition / Judgment on Application to Nobile Officium
Outcome
petition refused
Legal Topics
Company Dissolution, Voluntary Liquidation, Heritable Property Transfer, Nobile Officium, Statutory Time Limits
Company Law Property Law Company Dissolution Voluntary Liquidation Heritable Property Transfer Nobile Officium Statutory Time Limits

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Parties

Forth Shipbreaking Company, Limited (old company)

Petitioner

John Taylor Tulloch (liquidator of new company)

Petitioner

William Fulton Andrew (surviving liquidator of old company)

Petitioner

Procedural Posture

Petition / Judgment on Application to Nobile Officium

Legal Issues

  1. 1 Whether the Court should exercise its nobile officium to declare a company dissolution void after the statutory period to allow transfer of heritable property not formally conveyed before dissolution.

Ratio Decidendi

The Court refused to exercise its nobile officium to declare the dissolution void because the ordinary law provided a remedy, and the case was not materially different from Macdonald's Curator Bonis, where similar relief was refused.

Court Disposition

petition refused

Orders

  • Petition to declare dissolution void and authorise liquidator to grant titles refused.