1954 (4) TMI 25

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....erforce for the Respondent. JUDGMENT April 6. The judgment of their Lordships was delivered by Lord Keith of Avonholm, who stated the facts set out above, and continued: The proper procedure was for an application to be made to the court for the appointment of Mr. Williams as joint liquidator, but as he subsequently declined to act, and as this matter does not enter into the appeal, their Lo....

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....visions of this section, but the court shall not make a winding up order on the petition unless it is satisfied that the voluntary winding up or winding up subject to supervision cannot be continued with due regard to the interests of the creditors or contributories." Reference should also be made to section 140 which reads: "The court may, as to all matters relating to a winding up, have regard t....

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....n to the parties. With regard to the ground of judgment on which both the trial judge and the Court of Appeal proceeded, their Lordships would point out that it does not necessarily follow that, because a company is controlled by one shareholder and a liquidator in a voluntary liquidation may be regarded as a nominee of that shareholder, a voluntary winding up cannot be continued with due regar....

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....on was raised whether the wishes of creditors should not be ascertained by meeting directed under section 209 of the Ordinance. That is not, in their Lordships' opinion, a matter on which they should give any direction. The question will, if raised, have to be considered by the judge who takes the retrial. In these circumstances their Lordships will humbly advise Her Majesty to allow the appeal....