Houldsworth and Another v. The Yorkshire Woolcombers' Association, Ltd, and Illingworth [1904] UKHL 486 (01 July 1904)
The security in question was a floating charge within the meaning of the Companies Act 1900, sec. 14(1)(d), and, as it was not registered as required by the Act, it was void against the liquidator and creditors.
- Citation
- [1904] UKHL 486
- Parties
- Plaintiffs/respondents: Houldsworth and Another; Defendant/respondent: The Yorkshire Woolcombers' Association, Ltd; Appellant: Illingworth
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 July 1904
- Procedural Posture
- Civil Appeal / Appeal From the Court of Appeal in England to the House of Lords
- Outcome
- appeal dismissed
- Legal Topics
- Floating Charge, Registration of Charges, Priority of Security Interests, Companies Act 1900
Case Brief
Summary, issues, holding and outcome
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Parties
Houldsworth and Another
Plaintiffs/respondents
The Yorkshire Woolcombers' Association, Ltd
Defendant/respondent
Illingworth
Appellant
Procedural Posture
Civil Appeal / Appeal From the Court of Appeal in England to the House of Lords
Legal Issues
- 1 Whether the security granted constituted a 'floating charge' under the Companies Act 1900, sec. 14(1)(d)
- 2 Whether the unregistered floating charge was void against creditors and the liquidator
Ratio Decidendi
The security in question was a floating charge within the meaning of the Companies Act 1900, sec. 14(1)(d), and, as it was not registered as required by the Act, it was void against the liquidator and creditors.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
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