Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1893/30SLR0910.html
Cite as: [1893] ScotLR 30_910, [1893] SLR 30_910

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SCOTTISH_SLR_Court_of_Session

Page: 910↓

Court of Session Inner House First Division.

Thursday, July 20. 1893.

30 SLR 910

Liquidator of Property Investment Company Scotland, Limited Petitioner.

Subject_1Company
Subject_2Liquidation
Subject_3Reclaiming-Note
Subject_4Expenses.
Facts:

The liquidator of the Property Investment Company of Scotland, Limited, presented a note to the Lord Ordinary for sanction of a compromise made by him with the directors of the company, the prayer of which was granted.

Mr Hugh Blaik and others, shareholders of the company, who objected to the compromise, unsuccessfully reclaimed to the Inner House.

Held that on account of certain peculiarities in the case the reclaimers should not be found liable in the expenses of the reclaiming-note.

Judgment:

Lord President—I should be slow to encourage the idea that when the Lord Ordinary, who is the Court in a liquidation, pronounces a judgment it is the right of any of the parties to adjourn the discussion to the Inner House, and there go over the same questions, but there are peculiarities in this case, on account of which I propose that we should give no expenses in the reclaiming-note, and leave the expenses in the Outer House as the Lord Ordinary has done. In giving no expenses I wish, however, to guard against the idea that a discontented shareholder may in the ordinary case take the case to the Inner House without being found liable in expenses if unsuccessful.

Lord Adam, Lord M'Laren, and Lord Kinnear concurred.

Counsel:

Counsel for the Liquidator— H. Johnston— Gloag. Agents— Morton, Smart, & Macdonald, W.S.

Counsel for Blaik and Others— W. Campbell— M'Lennan— Trotter. Agent— W. Ritchie Rodger, S.S.C.
1893

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