Macdonald, Greenlees, & Williams (Distillers), Ltd Petitioners [1923] ScotLR 579 (04 July 1923)

Macdonald, Greenlees, & Williams (Distillers), Ltd Petitioners [1923] ScotLR 579 (04 July 1923)

The Court held that, notwithstanding the absence of a crave for intimation and the consent of the requisite majority of shareholders, intimation on the walls and in the minute book was necessary and ordered accordingly.

Citation
[1923] ScotLR 579
Parties
Petitioner: Macdonald, Greenlees, & Williams (Distillers), Limited
Jurisdiction
Scotland
Judgment Date
04 July 1923
Procedural Posture
Petition / Interlocutory Order on Intimation
Outcome
intimation ordered
Legal Topics
Scheme of Arrangement, Company Meetings, Court Intimation Requirements
Company Law Civil Procedure Scheme of Arrangement Company Meetings Court Intimation Requirements

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Parties

Macdonald, Greenlees, & Williams (Distillers), Limited

Petitioner

Procedural Posture

Petition / Interlocutory Order on Intimation

Legal Issues

  1. 1 Whether intimation on the walls and in the minute book is necessary in a petition for sanction of a scheme of arrangement under section 120 of the Companies (Consolidation) Act 1908 when not expressly craved.

Ratio Decidendi

The Court held that, notwithstanding the absence of a crave for intimation and the consent of the requisite majority of shareholders, intimation on the walls and in the minute book was necessary and ordered accordingly.

Court Disposition

intimation ordered

Orders

  • Petition to be intimated on the walls and in the minute book in common form.
  • All concerned allowed to lodge answers within six days thereafter.