Hill v. King's Theatre and Hippodrome (Dundee), Ltd, and Others [1914] ScotLR 811 (09 July 1914)

Hill v. King's Theatre and Hippodrome (Dundee), Ltd, and Others [1914] ScotLR 811 (09 July 1914)

It is competent for a company or its liquidator to waive the statutory requirement for leave of court under section 142 of the Companies (Consolidation) Act 1908, and the court is not obliged to enforce the section ex proprio motu if the plea is not taken by the company or liquidator.

Citation
[1914] ScotLR 811
Parties
Pursuer: Alexander Ramsay Hill; Defender: King's Theatre and Hippodrome (Dundee), Limited (in liquidation); Defender: John Easson M'Intyre, C.A., liquidator; Defender: William Black and others, trustees for the first mortgage debenture holders; Defender: William Black and others, trustees for the second mortgage debenture holders
Jurisdiction
Scotland
Judgment Date
09 July 1914
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House
Outcome
appeal refused; interlocutor of Sheriff-Substitute affirmed
Legal Topics
Winding Up, Waiver of Statutory Protection, Competency of Proceedings Without Court Sanction
Company Law Insolvency Law Winding Up Waiver of Statutory Protection Competency of Proceedings Without Court Sanction

Case Brief

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Parties

Alexander Ramsay Hill

Pursuer

King's Theatre and Hippodrome (Dundee), Limited (in liquidation)

Defender

John Easson M'Intyre, C.A., liquidator

Defender

William Black and others, trustees for the first mortgage debenture holders

Defender

William Black and others, trustees for the second mortgage debenture holders

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House

Legal Issues

  1. 1 Whether it is competent for a company or its liquidator to waive the statutory requirement for leave of court before proceedings are taken against a company in liquidation under section 142 of the Companies (Consolidation) Act 1908.
  2. 2 Whether the court is obliged to enforce section 142 ex proprio motu when the company or liquidator does not plead it.

Ratio Decidendi

It is competent for a company or its liquidator to waive the statutory requirement for leave of court under section 142 of the Companies (Consolidation) Act 1908, and the court is not obliged to enforce the section ex proprio motu if the plea is not taken by the company or liquidator.

Court Disposition

appeal refused; interlocutor of Sheriff-Substitute affirmed

Orders

  • Appeal refused
  • Interlocutor of Sheriff-Substitute affirmed