| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 540 (Jul) |
| Court: | Chancery Division |
| Judge: | Park J |
| Representation | David Mayall (instructed by Abercorn Solicitors) for the tenant. |
| Raquel Agnello (instructed by Blake Lapthorn, Oxford) for the landlord. | |
| Judgment Dates: | 29 July 2004 |
Catchwords
Companies - Insolvency - Winding up - Petition - Alleged arrears of rent - Tenant seeking to restrain petition - Bona fide dispute over alleged debt.
The Case
On the facts of the instant case, the tenant had raised a bona fide dispute and counterclaim which was of sufficient substance for the court to refuse to allow the defendant's winding up petition to proceed.
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