Hellyer v Sheriff of Yorkshire

Subject Matter

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, s 326 — Companies (Winding-up) Rules 1949, r 43

[1975] Ch 16; [1974] 2 WLR 844

COSTS — Appeal, Court of — Jurisdiction — Appeal as to costs without leave of judge — Exercise of discretion as to costs based on central point of law — Conclusion of law challenged on appeal — Whether leave essential — Supreme Court of Judicature (Consolidation) Act 1925, s 31 (1) (h)

[1975] Ch 16; [1974] 2 WLR 844