Ex Parte Grand Hotel and Theatre Co Ltd [1908] ZAHCORC 10 (19 March 1908)

Reported
Flynote

Company.-Confirmation of liquidation and distribution account.Dissolution under sec. 30 of A.ct 2 of 1892.-Mortgage bond.Power to insert general clause.-Preferent costs.-Destruction of books.

Case summary

On the application of the liquidators of G Co. the Court confirmed
the liquidation and distribution account subject to certain alterations. On the opposition of B, a creditor having a bond over
G Co.'s immovable property, Held, that the account must be
amended by giving preference to B under the general clause, the trustees having had authority tu include it. Smith v. Randall's
Trustees (2 Menz. 385) followed. Held, further, that costs of T, a judgment creditor in a previous action against the liquidators, and costs of opposition to the confirmation of the account, should be made preferent. The company was further ordered to be dissolved and the liquidators discharged, subject to their completing transfer to the bank and performing the other duties connected therewith. Leave was granted to the liquidators to destroy the books of the company within three months after date.


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