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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Baberton Development Syndicate, Ltd, Petitioners [1898] ScotLR 35_499 (23 February 1898)
URL: http://www.bailii.org/scot/cases/ScotCS/1898/35SLR0499.html
Cite as: [1898] ScotLR 35_499, [1898] SLR 35_499
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SCOTTISH_SLR_Court_of_Session
Page: 499↓
Court of Session Inner House First Division.
Facts:
It is competent for the Court in pronouncing an order for the winding up of a company having its registered office in Scotland, to appoint a liquidator residing outwith its jurisdiction, but it is not the general practice to make such an appointment unless valid reasons can be shown for doing so.
Application for appointment of liquidator residing outwith jurisdiction refused.
A petition was presented by the Baberton Development Syndicate, Limited, 4 Picardy Place, Edinburgh, for an order for the winding up of the Finance Corporation of Western Australia, Limited, which was incorporated as a company in October 1894, and had its registered office at 4 Picardy Place, Edinburgh.
Page: 500↓
The petitioners averred that in September 1897 they had obtained judgment against the Company in the Mayor's Court, London, for £150, and that having sued on a writ of fieri facias on this judgment directed to the Serjeant at Mace of the said Mayor's Court, the writ had been returned unsatisfied and the judgment remained still unpaid.
The petitioners craved the Court to appoint as liquidator Mr Henry Charles Wilson, Chartered Accountant, London, or otherwise Mr Thomas Whitson, C.A., Edinburgh.
There was no opposition to the petition.
The petitioners argued that it would be more convenient that the liquidator should be a gentleman resident in London, as it would be necessary for carrying out the liquidation to pay frequent visits there, and maintained that it was competent to appoint a liquidator outwith the jurisdiction of the Court— Brightwen & Company v. City of Glasgow Bank, November 27, 1878, 6 R. 244; Robertson, October 20, 1875, 3 R. 17.
The Court appointed Mr Thomas Whitson as liquidator.
Counsel for the Petitioners— Chree. Agents— A. P. Purves & Aitken, W.S.