Uniacke, Applicant (No. 2)

JurisdictionIreland
Judgment Date01 January 1944
Date01 January 1944
CourtHigh Court
(H.C.),
Uniacke, Applicant (No. 2)

Unclaimed Assets -Liquidator unable to distribute and obtain a good receipt - Application for directions under s. 193 of the Companies Act, 1908 - Liquidator declared a trustee within the meaning of the Trustee Act, 1893 - Entitled to pay the unclaimed monies into Court - Practice - Procedure.

The applicant was appointed liquidator to a private banking company which was solvent and in voluntary liquidation. There was a number of sums deposited with the company which remained unclaimed and for various reasons the owners could not be traced. These matters held up the liquidation and the liquidator applied to the court for directions under s. 193 of the companies Act, 1908, as to these unclaimed sums and so that a proper receipt might he obtained for them. Held: the applicant...

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2 cases
  • Re Belfast Empire Theatre of Varieties Ltd
    • Ireland
    • High Court
    • 13 de fevereiro de 1963
    ...is for him to bring a petition for the winding up of the company by the Court. In re The Cathedral Savings Bank Ltd.In re UniackeDLTR 78 I. L. T. R. 154 not followed. (1963. No. 2 Sp.) In re Belfast Empire Theatre of Varieties Ltd. In the Matter of the Companies Acts, 1908 to 1959,and In th......
  • Best v Ghose
    • Ireland
    • High Court
    • 27 de junho de 2018
    ...1 Ch 717, at p. 723 as authority for that proposition and he declined to follow the judgment of Overend J. in In re Uniacke (No. 2) [1944] 78 ILTR 154 as considered the point not being 114 Finlay Geoghegan J. in In re DR Developments (Youghal) Ltd. (In Liquidation) [2011] IEHC 307, [2012]......

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