1958 (3) TMI 23

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ct name is "J. & P. Sussmann Ltd." The. petition originally was presented with the name of the company that was to be wound up misspelt and when the matter came before me on March 3_ 1958, I made an order to wind up "J. & P. Sussman Ltd." (as misspelt). When the necessary steps were taken to record on the register the winding-up order, it was discovered that there was no company called "J. & P. Su....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the name of J. & P. Sussman Ltd. (as misspelt), not realizing the unfortunate consequences which would ensue from their having adopted the misspelt name. Having got judgment in that form, Arthur Maiden Ltd. presented a petition based on that judgment to wind up the company which we now know to be J. & P. Sussmann Ltd. At the time this mistake was made another creditor had recovered judgment an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Sussman Ltd." is not effective against J. & P. Sussmann Ltd. (with two "n's"). The decision of Astbury J. in In re L' Industrie Verriere Ltd. [1914] Wn 222, seems to give me jurisdiction to make the amendment which would put this matter right. Astbury J. said : "that the rule on which the court had long acted was that an error in the name of the company in the advertisement rendered the advertis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ment. In these circumstances the petition might be amended and the order stand without any further advertisement." In the case before Astbury J. the difference was not between "Sons" and "Son" but between "Industrie," a French word, and a non-existent word "industre" leaving out the last letter but one. That is very much the same sort of error as has crept into the proceedings on this occasion. I....