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TMI Blog1939 (5) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... anies Act, 1929, and is therefore not entitled to present a petition. Section 170(1) of the Companies Act is as follows: "An application to the court for the winding up of a company shall be by petition, presented subject to the provisions of this section either by the company, or by any creditor or creditors (including any contingent or prospective creditor or creditors), contributory or contributories, or by all or any of those parties, together or separately". Now the only question which arises here, because apart from this I feel no doubt that it is a case in which the winding-up order ought to be made, is this: Are the petitioners "creditors" within the meaning of that section? The right to recover rates, as counsel for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is that they could not sue. The section does not say that nobody shall petition unless they have a right to sue, but a person, to have the right to petition, must be a creditor, not necessarily a creditor who can recover his debt by action, but a creditor. All I have to consider is whether on the construction of this particular Act the Hampstead Borough Council is a creditor. Counsel for the petitioners has called my attention to the section of the Act which seems to me to be conclusive in favour of the view that a local authority, which has a right to recover rates from a company by distress, is a creditor of that company within the meaning of the Act. I think that is shown by section 264 of the Act, which is the one which gives rates pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t a creditor of the company within the meaning of section 170. I should be disposed in my own view, though it is not necessary for me to decide it here, to say that "creditor" under section 170 includes every person who has a right to prove in a winding up. It is not necessary to decide that here ; other questions might arise which are not in my mind at present ; but I feel quite satisfied that I ought to hold that under section 170 a local authority which is in a position to recover rates is a creditor within the meaning of that section, and is therefore entitled to present the petition. It follows that the Hampstead Borough Council is entitled to present the petition in this case, and that being the only question to be decided on the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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