Paterson v. Best [1900] ScotLR 37_827 (26 June 1900)

Paterson v. Best [1900] ScotLR 37_827 (26 June 1900)

Section 4 of the Railway Companies (Scotland) Act 1867 does not apply as the company had no undertaking, plant, or works; the nobile officium is not properly invoked in these circumstances; and the prior appointment of a judicial factor remains valid due to insufficient evidence of supersession.

Citation
[1900] ScotLR 37_827
Parties
Petitioner: Duncan Wilkie Paterson; Respondent: John Best; Judicial Factor: George Todd Chiene
Jurisdiction
Scotland
Judgment Date
26 June 1900
Procedural Posture
Petition for Appointment of Judicial Factor / Final Judgment
Outcome
petition dismissed
Legal Topics
Judicial Factor Appointment, Nobile Officium, Statutory Interpretation, Sequestration
Company Law Insolvency Railway Law Judicial Factor Appointment Nobile Officium Statutory Interpretation Sequestration

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Parties

Duncan Wilkie Paterson

Petitioner

John Best

Respondent

George Todd Chiene

Judicial Factor

Procedural Posture

Petition for Appointment of Judicial Factor / Final Judgment

Legal Issues

  1. 1 Whether section 4 of the Railway Companies (Scotland) Act 1867 applies to a company with no undertaking
  2. 2 Whether the nobile officium of the Court can be exercised to appoint a judicial factor in these circumstances
  3. 3 Whether the prior appointment of a judicial factor precludes a new appointment

Ratio Decidendi

Section 4 of the Railway Companies (Scotland) Act 1867 does not apply as the company had no undertaking, plant, or works; the nobile officium is not properly invoked in these circumstances; and the prior appointment of a judicial factor remains valid due to insufficient evidence of supersession.

Court Disposition

petition dismissed

Orders

  • petition for appointment of judicial factor dismissed