9911796707
TMI Blog1937 (8) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... the company under the supervision of the Court. This action was taken as the result of a resolution passed at a meeting of creditors held on the 2nd December, 1936. On the 15th December, a further application was filed for the appointment of an interim official liquidator. These petitions came before Gentle, J., on the 27th April of this year. The learned advocate appearing for the appellant then informed the Court that his client did not propose to pursue the winding up petition and he had no interest in it. The learned Judge enquired whether any other creditor would proceed with the petition. I should mention that six creditors had entered appearances and professed to support the petition. Two of them, respondents 2 and 7, asked for time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder dismissing the petition without costs. In these circumstances he does not ask for the dismissal of the appeal. In fact, he is quite agreeable to the appeal being allowed. The third respondent in the appeal leaves the matter in the hands of the Court. Respondents 2, 4, 5, 6 and 7 in the appeal strongly oppose the appeal. 3. The question involves a reference to the provisions of the rules of the Court and consideration of the principles which apply. Dealing first with the rules, Rule 27 of the Rules of the Original Side of this Court under the Companies Act, provides that every petition for the winding up of any company by the Court, or subject to the supervision of the Court shall after admission, be advertised fourteen clear days be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to companies shall be followed so far as they are applicable and not inconsistent with the rules and the Act. It is said that by reason of this rule the English rule can be applied here and that the Court is justified in regarding the notice to appear as an invitation to appear to oppose or to support. I am unable to accept this contention. It is quite clear from the form of the notice that this Court only intended notice to issue to persons who wished to oppose. The law allows the Court to permit another creditor to take the place of a petitioning creditor who does not wish to proceed with his petition, but this is another matter and does not really affect the point under discussion. 5. We have here a notice inviting creditors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have an order for costs against him. The opposing respondents in this case are not the successful parties. 8. A case which has a general application is that of Hull and County Bank, In re (1878) 10 Ch. D. 130 where it was decided that a creditor appearing in a winding up petition is not entitled to his costs as a matter of right. To entitle him to them he must show reasonable ground for appearing. In giving the judgment in this case, Jessel, M.R., observed: I refused these costs, and I will state my reasons for doing so. I by no means assent to the proposition that creditors appearing on a petition to wind up a company are entitled to their costs as of right. It is usual to give one set of costs when many appear, and when there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
