Robertson v. Petitioner [1909] ScotLR 356 (30 January 1909)

The omission to insert statutory notices in the Gazettes was due to clerical error, and since no prejudice or preference arose, the Court exercised its nobile officium to grant the petition de plano.

Citation: [1909] ScotLR 356
Parties: Petitioner: John Robertson; Respondent: George Flett
Jurisdiction: Scotland
Judgment Date: 30 January 1909
Procedural Posture: Petition for Authority in Bankruptcy Proceedings / Judgment on Petition
Outcome: petition granted
Legal Topics: Sequestration, Statutory Notice Requirements, Nobile Officium

Bankruptcy Sequestration Statutory Notice Requirements Nobile Officium

Case Brief

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Parties

John Robertson

Petitioner

George Flett

Respondent

Procedural Posture

Petition for Authority in Bankruptcy Proceedings / Judgment on Petition

Legal Issues

1 Whether the Court should grant authority to insert statutory notices in the Edinburgh and London Gazettes after omission due to clerical error
2 Whether the Court should fix a new date for the meeting of creditors

Ratio Decidendi

The omission to insert statutory notices in the Gazettes was due to clerical error, and since no prejudice or preference arose, the Court exercised its nobile officium to grant the petition de plano.

Court Disposition

petition granted

Orders

Authority granted to insert notices in the Edinburgh and London Gazettes within four and six days respectively from the date of deliverance.
New date fixed for meeting of creditors.