Grieve v. Kilmarnock Motor Co., Ltd [1923] ScotLR 290 (09 February 1923)
The Sheriff Court had jurisdiction to entertain the action because the pursuer sought to prevent a threatened wrong (deletion of the minute) not provided for by statute, and no statutory remedy existed. The action was competent at common law to preserve evidence of the winding-up resolution.
- Citation
- [1923] ScotLR 290
- Parties
- Pursuer: John Grieve; Defender: Kilmarnock Motor Company, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 09 February 1923
- Procedural Posture
- Civil / Appeal From Sheriff Court to Court of Session Inner House
- Outcome
- appeal dismissed
- Legal Topics
- Voluntary Winding Up, Company Resolutions, Jurisdiction, Interdict, Declarator
Case Brief
Summary, issues, holding and outcome
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Parties
John Grieve
Pursuer
Kilmarnock Motor Company, Limited
Defender
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Legal Issues
- 1 Whether the Sheriff Court had jurisdiction to entertain an action for declarator and interdict regarding company winding-up resolutions
- 2 Whether the action was competent at common law or only under the Companies (Consolidation) Act 1908
Ratio Decidendi
The Sheriff Court had jurisdiction to entertain the action because the pursuer sought to prevent a threatened wrong (deletion of the minute) not provided for by statute, and no statutory remedy existed. The action was competent at common law to preserve evidence of the winding-up resolution.
Court Disposition
appeal dismissed
Orders
- Sheriff Court's order allowing proof affirmed
- Action allowed to proceed to proof on the validity of the resolutions
Full Case Text
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