The Law Reports (Chancery Division)
[1975] Ch 16
[COURT OF APPEAL]
HELLYER AND ANOTHER v. SHERIFF OF YORKSHIRE AND ANOTHER
1974 March 25,
26,
27
Russell, Buckley and Lawton L.JJ.
Company
— Winding up
— Execution
— Voluntary liquidation
— Money paid to avoid sale of goods seized by sheriff's officer under writ of fieri facias
— Notice of meeting to pass resolution for voluntary winding up given to sheriff's officer
— Whether notice “served on” sheriff
— Whether execution creditor or liquidators entitled to money
—
Companies Act 1948 (11 & 12 Geo. 6, c. 38), s. 326
—
Companies (Winding-up) Rules 1949 (S.I. 1949 No. 330 (L.4)), r. 43
Costs
— Appeal, Court of
— Jurisdiction
— Appeal as to costs without leave of judge
— Exercise of discretion as to costs based on central finding of law
— Finding of law challenged on appeal
— Whether leave essential
—
Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5, c. 49), s. 31 (1) (h)
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