Naismith and Another Petitioners [1910] ScotLR 625_1 (08 April 1910)

Naismith and Another Petitioners [1910] ScotLR 625_1 (08 April 1910)

The Lord Ordinary held that the Gazette notice given six days before the meeting was equivalent to one given within the prescribed seven-day period, exercising the Court's nobile officium to rectify the procedural defect.

Citation
[1910] ScotLR 625_1
Parties
Petitioner: W. W. Naismith, C. A., Glasgow; Petitioner: James Findlay, writer, Glasgow; Bankrupt: G. L. Watson, coalmaster, Glasgow
Jurisdiction
Scotland
Judgment Date
08 April 1910
Procedural Posture
Petition / Interlocutor Pronounced by Lord Ordinary on the Bills in Vacation
Outcome
petition granted
Legal Topics
Nobile Officium, Gazette Notice, Rectification of Notice, Meeting of Creditors, Trustee Election
Bankruptcy Sequestration Nobile Officium Gazette Notice Rectification of Notice Meeting of Creditors Trustee Election

Case Brief

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Parties

W. W. Naismith, C. A., Glasgow

Petitioner

James Findlay, writer, Glasgow

Petitioner

G. L. Watson, coalmaster, Glasgow

Bankrupt

Procedural Posture

Petition / Interlocutor Pronounced by Lord Ordinary on the Bills in Vacation

Legal Issues

  1. 1 Whether a Gazette notice inserted only six days before a meeting of creditors, instead of the statutory seven days, can be held equivalent to a timeous notice

Ratio Decidendi

The Lord Ordinary held that the Gazette notice given six days before the meeting was equivalent to one given within the prescribed seven-day period, exercising the Court's nobile officium to rectify the procedural defect.

Court Disposition

petition granted

Orders

  • The notice in the Edinburgh Gazette of 15th March 1910 is held equivalent to a notice at least seven days prior to 22nd March 1910