EQUAL EXCHANGE TRADING LIMITED, NOTE OF & THE PROVISIONAL/INTERIM LIQUIDATOR OF FOR INTERIM APPROVAL OF ACCOUNTS OF INTERMISSIONS [2018] ScotCS CSOH_35 (11 April 2018)

EQUAL EXCHANGE TRADING LIMITED, NOTE OF & THE PROVISIONAL/INTERIM LIQUIDATOR OF FOR INTERIM APPROVAL OF ACCOUNTS OF INTERMISSIONS [2018] ScotCS CSOH_35 (11 April 2018)

All concerns raised by the court reporter fell within his remit and were properly brought to the court; however, the noter's explanations were accepted and no breach of duty was found, so remuneration was approved at the level sought.

Citation
[2018] ScotCS CSOH_35
Parties
Company in Liquidation: Equal Exchange Trading Limited; Noter (provisional/interim Liquidator): Ms Roxburgh
Jurisdiction
Scotland
Judgment Date
11 April 2018
Procedural Posture
Insolvency Proceedings / Interim Approval of Accounts and Remuneration
Outcome
remuneration approved
Legal Topics
Liquidator Remuneration, Court Reporter Remit, Asset Sale Valuation, Compliance With Insolvency Rules
Insolvency Company Law Liquidator Remuneration Court Reporter Remit Asset Sale Valuation Compliance With Insolvency Rules

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Parties

Equal Exchange Trading Limited

Company in Liquidation

Ms Roxburgh

Noter (provisional/interim Liquidator)

Procedural Posture

Insolvency Proceedings / Interim Approval of Accounts and Remuneration

Legal Issues

  1. 1 extent of court reporter's remit in auditing liquidator's accounts
  2. 2 whether noter breached duties as provisional/interim liquidator
  3. 3 appropriateness of remuneration for liquidator

Ratio Decidendi

All concerns raised by the court reporter fell within his remit and were properly brought to the court; however, the noter's explanations were accepted and no breach of duty was found, so remuneration was approved at the level sought.

Court Disposition

remuneration approved

Orders

  • noter's remuneration approved at level sought
  • expenses for written response and hearing on reporter's concerns to be borne personally by noter, not as liquidation expenses