Source: All England Reporter
Publisher Citation: [2001] All ER (D) 370 (Nov)
Court: Chancery Division
Judge:

Neuberger J
Representation Justin Holmes (instructed by Russell Cooke) for the petitioner.
  The applicant appeared by its representative.
Judgment Dates: 23 November 2001

Catchwords

Company - Compulsory winding up - Restraining advertisement of petition - Respondent firm of solicitors presenting invoices to applicant company for work done - Applicant disputing invoices - Respondent issuing statutory demand - Applicant subsequently applying to restrain winding up petition - Applicant subsequently applying for taxation of costs - Respondent withdrawing petition and claiming applicant liable for costs of application - Whether costs should be awarded to respondent.

The Case

Where an application was made to restrain a winding up petition, and the applicant had applied for taxation of the invoices on which the statutory demand was based, the right approach was to reserve the costs of the application until the completion of the taxation assessment. In the instant case therefore, the question of costs would be reserved to await the completion of the taxation assessment.

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