1961 (5) TMI 37

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..... but ultimately was dismissed by consent upon certain undertakings by the company and raises a question of principle as regards costs. [His Lordship stated the facts and continued : ] Mr. Muir Hunter for the company and the opposing creditors admitted that the petitioner had acted reasonably in presenting the petition, but contended he had acted unreasonably in prosecuting it on and after April 1 .....

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..... ered in A.E. Hayter Sons (Porchester) Ltd. In re [1961] 1 WLR 1008; [1962] 32 Comp. Cas. 55 (Ch. D.). In that judgment, Wynn-Parry J. [1957] 1 WLR 774, 776, laid great stress on the circumstance that the petitioner was a judgment creditor. In at least three paragraphs Ibid. 776, 777, the judge puts the position of a judgment creditor as being quite different to that of any other creditor. I ag .....

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..... e to tell, apart from the intervention of other creditors, whether he would have been entitled to an order. In the case before me, the petitioning creditor's debt has never been disputed, and I do not think that he should be ordered to pay costs merely because he has not obtained judgment. Accordingly, no order will be made as to costs against the petitioning creditor. - - TaxTMI - TMITax - .....

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