The Star Fire and Burglary Insurance Co., Ltd, and Liquidator v. James Ogilvie & Co. [1904] ScotLR 41_311 (17 February 1904)

The order was not an ordinary executorial decree but a substantive order requiring the liquidator to pay a sum within a definite time; therefore, the reclaiming-note was competent.

Citation: [1904] ScotLR 41_311
Parties: Reclaimers: The Star Fire and Burglary Insurance Company, Limited, and Liquidator (Charles Gale); Respondents: James Ogilvie & Company
Jurisdiction: Scotland
Judgment Date: 17 February 1904
Procedural Posture: Civil / Reclaiming Note (appeal) Against Interlocutor
Outcome: Reclaiming-note held competent; case sent to summar roll.
Legal Topics: Winding Up, Contributories, Expenses, Competency of Reclaiming Note, Order for Payment Within Definite Time

Company Law Civil Procedure Winding Up Contributories Expenses Competency of Reclaiming Note Order for Payment Within Definite Time

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

The Star Fire and Burglary Insurance Company, Limited, and Liquidator (Charles Gale)

Reclaimers

James Ogilvie & Company

Respondents

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor

Legal Issues

1 Whether a reclaiming-note against an interlocutor ordering payment of expenses within a definite time is competent
2 Whether the order is executorial or substantive

Ratio Decidendi

The order was not an ordinary executorial decree but a substantive order requiring the liquidator to pay a sum within a definite time; therefore, the reclaiming-note was competent.

Court Disposition

Reclaiming-note held competent; case sent to summar roll.

Orders

Case sent to summar roll for further procedure