||All England Reporter
|| All ER (D) 230 (Jul)
John Jarvis QC sitting as a deputy judge of the High Court
||Richard Lord QC and Andrew Ayres (instructed by Thomas Cooper & Stibbard) for the claimant.
||Nicholas Peacock (instructed by Holman, Fenwick and Willan) for the defendant.
||15 July 2005
Company - Winding up - Foreign company - Defendant disputing claimant's locus to bring winding up petition - Defendant applying to strike out petition - Whether claimant having good arguable case - , ss 124, 127, 220, 221.
On the facts of the instant case, the claimant's winding up petition would be adjourned on the basis that its claim for damages, flowing from the defendant's ship sinking, with the claimant's cargo onboard, had a good arguable case and dismissing the petition would deprive the claimant of its remedy.
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