S.S. "Fulwood" Ltd v. Dumfries Harbour Commissioners [1907] ScotLR 566 (19 March 1907)

S.S. "Fulwood" Ltd v. Dumfries Harbour Commissioners [1907] ScotLR 566 (19 March 1907)

The Court refused to grant decree against unnamed individuals as they were not properly before the Court and the motion was made too late.

Citation
[1907] ScotLR 566
Parties
Pursuer/respondent: S. S. 'Fulwood' Limited; Defender/appellant: Dumfries Harbour Commissioners
Jurisdiction
Scotland
Judgment Date
19 March 1907
Procedural Posture
Appeal / Approval of Auditor's Report After Interlocutor
Outcome
motion refused
Legal Topics
Expenses, Decree Against Unnamed Commissioners, Liability of Trustees, Timing of Motions

Case Brief

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Parties

S. S. 'Fulwood' Limited

Pursuer/respondent

Dumfries Harbour Commissioners

Defender/appellant

Procedural Posture

Appeal / Approval of Auditor's Report After Interlocutor

  1. 1 Whether decree for expenses can be granted against unnamed individuals who are not before the court
  2. 2 Whether motion for decree against individuals was made too late

Ratio Decidendi

The Court refused to grant decree against unnamed individuals as they were not properly before the Court and the motion was made too late.

Court Disposition

motion refused

Orders

  • Approve Auditor's report on pursuers' account of expenses
  • Ordain defenders to pay pursuers £182, 17s. 7d. sterling