Joint winding-up petitions by creditors require only one court-fee where the claim rests on the company's commercial insolvency.

A joint winding-up petition by multiple creditors is treated as a class-interest proceeding founded on the company's commercial insolvency, not as separate individual causes of action for each creditor. Because the Companies Act permits a creditor or creditors to present such a petition and the winding-up relief operates for the benefit of all creditors and contributories, the relevant cause of action remains the same commercial inability to pay debts. On that basis, the objection that each creditor must pay separate court-fee is not accepted, and a single court-fee is payable on the joint company petition.

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Issues: Whether a joint winding-up petition by multiple creditors requires separate court-fee from each creditor, or whether a single court-fee is payable on such a petition.

Analysis: A petition for winding up on the ground of inability to pay debts is founded on the company's commercial insolvency. The Companies Act recognises that any creditor or creditors may present such a petition, and an order for winding up operates for the benefit of all creditors and contributories. The proceeding is therefore of a class-interest character rather than an individual dispute confined to separate causes of action for each creditor. The court-fee objection based on distinct individual transactions was not accepted in this setting, because the relevant cause of action is the same commercial insolvency and the ultimate relief enures to the entire body of creditors.

Conclusion: A single court-fee is payable on a joint company petition by creditors, and the objection demanding separate court-fee for each creditor is unsustainable.

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