Brown & Anor (Joint Administrators of Loanwell Ltd) v Stonegale Ltd [2013] ScotCS CSOH_190 (11 December 2013)

Brown & Anor (Joint Administrators of Loanwell Ltd) v Stonegale Ltd [2013] ScotCS CSOH_190 (11 December 2013)

The court found, for reasons given in the related Oceancrown Limited proceedings, that the disposition should be reduced and the defenders ordered to execute a disposition in favour of the pursuers.

Citation
[2013] ScotCS CSOH_190
Parties
Pursuer: Alan Alexander Brown and John Bruce Cartwright, the joint administrators of Loanwell Limited; Defender: Stonegale Limited
Jurisdiction
Scotland
Judgment Date
11 December 2013
Procedural Posture
Civil / Judgment
Outcome
disposition reduced; order for execution of disposition in favour of pursuers within 21 days; failing which, warrant to Deputy Principal Clerk to execute and deliver disposition
Legal Topics
Reduction of Disposition, Administration of Insolvent Companies, Heritable Property
Property Law Insolvency Law Reduction of Disposition Administration of Insolvent Companies Heritable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Alan Alexander Brown and John Bruce Cartwright, the joint administrators of Loanwell Limited

Pursuer

Stonegale Limited

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disposition of heritable property by Loanwell Limited to Stonegale Limited should be reduced
  2. 2 Whether the defenders should be ordered to execute a disposition in favour of the pursuers

Ratio Decidendi

The court found, for reasons given in the related Oceancrown Limited proceedings, that the disposition should be reduced and the defenders ordered to execute a disposition in favour of the pursuers.

Court Disposition

disposition reduced; order for execution of disposition in favour of pursuers within 21 days; failing which, warrant to Deputy Principal Clerk to execute and deliver disposition

Orders

  • Reduce the disposition granted by Loanwell Limited in favour of Stonegale Limited of heritable property at 210 Glasgow Road dated 24 November 2010 (title number LAN44909)
  • Order the defenders to execute a disposition thereof in favour of the pursuers within 21 days of the date of decree