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TMI Blog1941 (7) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in Chambers. When the learned Judge passed his order of the 8th July 1940 the Company was in voluntary liquidation. Subsequent to this order, however, on a petition by the respondent creditor in this case, the learned Company Judge has ordered that the liquidation should be under the supervision of the Court. The material fact is that the respondent was successful in litigation against the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ider that to be a positive decision of the Lord Chancellor, that when the Company is ordered to pay the costs, those costs are not to be paid pari passu with the other creditors, but are to be paid forthwith, and that the successful litigant is to be put in the same position as if he had got judgment at law and had been allowed to issue execution". The learned Judge then proceeds to quote Lord J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, or resists an action fruitlessly, it is only right that the successful litigant should have priority for his costs over the creditors whom the liquidator represents. This authority has been followed by Mr. Justice Vaughan Williams in In re London Metallurgical Company [1895] 1 Ch. D. 758. The learned Judge, however, points out that although there is priority as against the general body o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to be paid his costs in full in priority over other ordinary creditors except where there are other creditors in the same position as himself when they and he will rank part passu as regards the fund available for the discharge of their debts. The learned counsel for the liquidator here has asked for time to pay the costs in this case. Counsel for the respondent has agreed to give tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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