1961 (5) TMI 37

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....; This petition was pressed at the hearing 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 unreaso....

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....ussed in the judgment I have just delivered 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 differen....