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The Sheriff having resumed consideration of the cause Dismisses the Petition; Finds the Respondent liable to the Petitioner in the whole expenses of the cause; Allows an account thereof to be given in and remits the same when lodged to the auditor of court to tax and to report.
1.1 This is a Petition for sequestration under the Bankruptcy ( Scotland ) Act 1985 ("the 1985 Act") at the instance of a woman against her former husband arising out of, firstly, a debt due under an extract registered Minute of Agreement between the parties and, secondly, an unsatisfied decree for expenses.
1.2 The Petition was presented for warrant on 9 August 2011 and, following certain handwritten amendments having been appended to the Petition, a warrant was granted on 12 September 2011 to cite the Respondent to appear in this court on 20 September 2011 .
1.4 On 18 October 2011 the case was continued to enable a date to be identified for a hearing in relation to expenses only. The case ultimately called before me again on 20 October 2011 when the Petitioner was represented by Miss Pearson as local agent and the Respondent was represented by Miss Tait also as local agent.
1.5 At the hearing on 20 October 2011 I was advised that the debt had been settled and that the only live issue was the question of expenses.
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