Need help finding a case.

Hogzy

Hey guys,

Would anyone be able to find a case report for the below case? I have tried Bailii and cant find anything. My searching skills arent the best, Any help would be much appriciated

Re London Flats, Ltd, [1969] 2 All ER 744; [1969] 1 WLR 711

Thanks,

Cody Pomeray

Well you have the relevant details so here is the summary:


CHANCERY DIVISION
PLOWMAN J

18, 19, 20, 21, 24 MARCH 1969
Company – Meeting – Quorum – Only one shareholder present.
Company – Winding-up – Liquidator – Appointment – Appointment by general meeting comprising one shareholder only – Companies Act 1948(11 & 12 Geo 6 c 38), s 286(1).

A private company which had been incorporated in February 1936 had an authorised issued share capital of 45,000 shares of £1 each. The respondent's mother, Mrs O, held 39,900 of the shares, 15,000 of them being held by her as nominee for her husband, 5,000 of the remainder were held by the respondent, and the balance of 100 by the applicant. In February 1963 the company went into a members' voluntary liquidation, Mrs O being appointed liquidator, but she died in March 1963. Under her will her husband, O, who survived her but who himself died in October 1963, became entitled to all her shares in the company. As a result of an action begun by O as his wife's executor to establish her will and codicil, to which the respondent was defendant, the 39,900 shares in the company became sterilised and could not be voted on. In this situation, there being no liquidator following Mrs O's death, the applicant called an extraordinary general meeting of the company for 26 July 1963, the notice convening the meeting stating that it would be proposed as an ordinary resolution that L be appointed liquidator of the company to fill the vacancy caused by the death of Mrs O. The applicant and respondent were in the circumstances, the only persons entitled to attend and vote as members. At the meeting the respondent, having declared himself to be chairman although the applicant objected, invited the applicant to propose the resolution set out in the notice which the applicant then read out in full. The respondent then stated that he proposed an amendment that he would propose himself as liquidator, but the applicant left the room before he, in fact, did so. The amendment was put to the vote and there being one vote in favour and none against the respondent declared the amendment carried. The applicant now took out a summons under s 304a of the Companies Act 1948 asking for an order appointing W as liquidator of the company or, alternatively, an order removing the respondent from the office and an order appointing W in his place. On the question whether the respondent was validly appointed liquidator by the company in general meeting under s 286(1) of the Companies Act 1948,
a Section 304 is set out at p 745, letter g, post.


Held
– The respondent's purported appointment of himself as liquidator was a nullity because at the moment when he was proposing himself as liquidator the applicant left the meeting, and from that moment, there was only one member present and, therefore, no meeting, a single shareholder being unable, as a general rule, to constitute a meeting (see p 750, letter c, post).
Sharp v Dawes ((1876), 2 QBD 26) and Re Sanitary Carbon Co ([1877] W N 223) followed.

NoQuarter

Hogzy wrote: »

Hey guys,

Would anyone be able to find a case report for the below case? I have tried Bailii and cant find anything. My searching skills arent the best, Any help would be much appriciated

Re London Flats, Ltd, [1969] 2 All ER 744; [1969] 1 WLR 711

Thanks,

For future reference its on justis. Click on cases and the put "london flats" in the plaintiffs name. It was the only result.

Hogzy

NoQuarter wrote: »

For future reference its on justis. Click on cases and the put "london flats" in the plaintiffs name. It was the only result.

Unfortunatly dont have access to it. Had to call the law library in Dublin and get the case sent down. Cheers for the help folks.

Pro Hoc Vice

Hogzy wrote: »

Unfortunatly dont have access to it. Had to call the law library in Dublin and get the case sent down. Cheers for the help folks.

I may have misunderstood but are you a member of the Law Library, I assume from above you are. If so Justis login is included in law library membership.

Hogzy

infosys wrote: »

I may have misunderstood but are you a member of the Law Library, I assume from above you are. If so Justis login is included in law library membership.

Trainee solicitor at the moment. One of the partners needed the case report quickly and I was googling and Bailii'ing like hell. Found nothing and turned to boards.

To those who PM'd me. Thanks so much for the help. Bloody love this website.

Pro Hoc Vice

Hogzy wrote: »

Trainee solicitor at the moment. One of the partners needed the case report quickly and I was googling and Bailii'ing like hell. Found nothing and turned to boards.

To those who PM'd me. Thanks so much for the help. Bloody love this website.

Get to know any young local barrister, he or she may kindly allow you to log in or email you a PDF of the case.

NoQuarter

If you need one in future PM me with your mail address and ill flip it on to you.

Tom Young

Hogzy wrote: »

Trainee solicitor at the moment. One of the partners needed the case report quickly and I was googling and Bailii'ing like hell. Found nothing and turned to boards.

To those who PM'd me. Thanks so much for the help. Bloody love this website.

That's a mare. Find someone in office with a Justis account. If they don't have one, impress on them the need for it in this weather.

Fully cost recoverable, no excuses, etc.