Pearston Petitioner [1911] ScotLR 755 (19 May 1911)

Pearston Petitioner [1911] ScotLR 755 (19 May 1911)

The application for appointment of a new liquidator should be made to the Lord Ordinary in the liquidation, not to the Division, as per the Companies (Consolidation) Act 1908.

Citation
[1911] ScotLR 755
Parties
Petitioner: Mrs Isabella Macgregor or Pearston; Respondent: Scottish Proprietary, Limited
Jurisdiction
Scotland
Judgment Date
19 May 1911
Procedural Posture
Company Winding Up / Application for Appointment of New Liquidator After Death of Previous Liquidator
Outcome
Application refused as incompetent in the Division; must be presented to the Lord Ordinary.
Legal Topics
Liquidation, Appointment of Liquidator, Court Jurisdiction
Company Law Insolvency Law Liquidation Appointment of Liquidator Court Jurisdiction

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Parties

Mrs Isabella Macgregor or Pearston

Petitioner

Scottish Proprietary, Limited

Respondent

Procedural Posture

Company Winding Up / Application for Appointment of New Liquidator After Death of Previous Liquidator

Legal Issues

  1. 1 Which court or judge is competent to appoint a new liquidator upon the death of the previous liquidator in a Scottish company winding-up?

Ratio Decidendi

The application for appointment of a new liquidator should be made to the Lord Ordinary in the liquidation, not to the Division, as per the Companies (Consolidation) Act 1908.

Court Disposition

Application refused as incompetent in the Division; must be presented to the Lord Ordinary.