Gibson v Hunter Home Designs Ltd [1975] ScotCS CSIH_1 (07 November 1975)

Gibson v Hunter Home Designs Ltd [1975] ScotCS CSIH_1 (07 November 1975)

The purchaser acquired only personal rights under the missives and had not received delivery of the disposition prior to liquidation; therefore, the property remained part of the company's heritable estate at the commencement of winding up and no trust was constituted in favour of the purchaser.

Citation
[1975] ScotCS CSIH_1
Parties
Purchaser: Mr Gibson; Seller/company in Liquidation: Hunter Home Designs Limited
Jurisdiction
Scotland
Judgment Date
07 November 1975
Procedural Posture
Special Case Stated for the Opinion of the Court / Judgment After Hearing Legal Arguments
Outcome
The court answered the first question (that the subjects formed part of the property of the company at the commencement of winding up) in the affirmative, and the second and third questions (that the purchaser had acquired property or that the company was bound to deliver the disposition) in the negative.
Legal Topics
Passing of Property in Heritable Subjects, Effect of Liquidation on Contractual Obligations, Trusts and Personal Rights Under Missives
Property Law Company Law Insolvency Law Passing of Property in Heritable Subjects Effect of Liquidation on Contractual Obligations Trusts and Personal Rights Under Missives

Case Brief

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Parties

Mr Gibson

Purchaser

Hunter Home Designs Limited

Seller/company in Liquidation

Procedural Posture

Special Case Stated for the Opinion of the Court / Judgment After Hearing Legal Arguments

Legal Issues

  1. 1 Whether property in the subjects passed to the purchaser prior to liquidation
  2. 2 Whether the company held the subjects in trust for the purchaser
  3. 3 Whether the subjects formed part of the company's property at the commencement of winding up

Ratio Decidendi

The purchaser acquired only personal rights under the missives and had not received delivery of the disposition prior to liquidation; therefore, the property remained part of the company's heritable estate at the commencement of winding up and no trust was constituted in favour of the purchaser.

Court Disposition

The court answered the first question (that the subjects formed part of the property of the company at the commencement of winding up) in the affirmative, and the second and third questions (that the purchaser had acquired property or that the company was bound to deliver the disposition) in the negative.

Orders

  • Subjects formed part of the property of the company for the purposes of the Companies Acts at the date of commencement of winding up.
  • Subjects were not the property of the purchaser at that date.