M'Call & Stephen, Ltd (Liquidator of) and Others Petitioners [1920] ScotLR 480 (28 May 1920)

M'Call & Stephen, Ltd (Liquidator of) and Others Petitioners [1920] ScotLR 480 (28 May 1920)

The court has statutory authority to declare a company's dissolution void within two years under section 223 of the Companies (Consolidation) Act 1908, and where the facts are uncontested and clear, no remit to a man of business is necessary. The prayer of the petition was granted to enable the liquidator to convey the heritable property.

Citation
[1920] ScotLR 480
Parties
Petitioner: Findley Caldwell Ker (Liquidator of M'Call & Stephen, Limited); Petitioner: John Stewart Roberton (Trustee of the late Hugh Wilson); Petitioner: Clydesdale Bank, Limited
Jurisdiction
Scotland
Judgment Date
28 May 1920
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Winding Up, Dissolution, Conveyance of Heritage, Declaration of Dissolution Void
Company Law Winding Up Dissolution Conveyance of Heritage Declaration of Dissolution Void

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Parties

Findley Caldwell Ker (Liquidator of M'Call & Stephen, Limited)

Petitioner

John Stewart Roberton (Trustee of the late Hugh Wilson)

Petitioner

Clydesdale Bank, Limited

Petitioner

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the court should declare the dissolution of M'Call & Stephen, Limited void under section 223 of the Companies (Consolidation) Act 1908 to enable the liquidator to convey heritable property sold after dissolution.
  2. 2 Whether a remit to a man of business is necessary in such circumstances.

Ratio Decidendi

The court has statutory authority to declare a company's dissolution void within two years under section 223 of the Companies (Consolidation) Act 1908, and where the facts are uncontested and clear, no remit to a man of business is necessary. The prayer of the petition was granted to enable the liquidator to convey the heritable property.

Court Disposition

petition granted

Orders

  • Dissolution of M'Call & Stephen, Limited declared void under section 223 of the Companies (Consolidation) Act 1908 to enable conveyance of heritable property.