Source: All England Reporter
Publisher Citation: [2012] All ER (D) 78 (May)
Neutral Citation: [2012] EWHC 1171 (Ch)
Court: Chancery Division, Companies Court
Judge:

Warren J

Representation Reuben Comiskey (instructed by Gallant Maxwell) for the petitioners.
  Steven Thompson (instructed by Bivonas LLP) for P.
Judgment Dates: 8 May 2012

Catchwords

Company - Compulsory winding up - Petition by creditor - Disputed debt - Petitioners making substantial payments to company with view to invest in it - Petitioners making payments with understanding that initial public offering (IPO) to be made - IPO not taking place - Petitioners seeking return of money paid to company - Petitioners presenting winding up petition against company - Company alleging bona fide debt dispute - Whether petition should be granted.

The Case

Company Compulsory winding up. The Chancery Division, Companies Court, allowed the petitioners' application for a winding up order against a company where, on the evidence, there was no bona fide dispute which should preclude the court from making a winding up order.

Practice Areas

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