Scottish Court of Session Decisions

Subject_1Company
Subject_2The Companies Act, 1862 (25 & 26 Vict. cap. 89, section 138)
Subject_3Voluntary Winding-up
Subject_4Liquidator — Petition — Competency — Jurisdiction. Headnote:

Joseph Robertson, sometime manager of the Northern Counties Fire Office, which had its chief and registered office at Inverness, was appointed sole liquidator in a voluntary winding-up of the company. During the course of the liquidation he removed to England, and, while residing there, presented a petition praying the Court “to pronounce forthwith a decree against the several contributories named in the list herewith produced, certified by the petitioner, and here held as repeated brevitatis causa, for payment to the petitioner, at the office of the National Bank of Scotland, Inverness, of the sums therein certified to be due by each of said contributories respectively, with interest at the rate of £5 per centum per annum on the said sums from the date therein specified when the same sums became due, till payment, in the same way and to the same effect, as if they had severally consented to registration for execution, on a charge of six days, of a legal obligation to pay such sums and interest, and to grant warrant for extracting said decree immediately; or otherwise to accede wholly or partially to this application, upon such terms, and subject to such conditions as your Lordships think fit; or to make such other order, interlocutor, or decree on this application as your Lordships think just.”

The Court, after hearing counsel in reference to the fact that the liquidator had gone to reside in England, and as to the applicability of the 138th section of the Companies Act, 1862, granted the prayer of the petition.