Source: All England Reporter
Publisher Citation: [2012] All ER (D) 294 (Nov)
Court: Chancery Division
Judge:

Newey J (judgment delivered extempore)

Representation Gerard Van Tonder (instructed by Healys LLP) for the company.
  Michael Wheater (instructed by Matthew Arnold & Baldwin LLP) for the petitioner.
Judgment Dates: 26 November 2012

Catchwords

Bankruptcy - Petition - Strike out - Petitioner serving bankruptcy petition on company - Company seeking striking out of petition on basis of genuine dispute about debt and available cross-claim - Whether petition should be struck out.

The Case

Bankruptcy Petition. A company sought the striking out of a bankruptcy petition on the grounds that there was a genuine dispute as to the debt and that it had a cross-claim against the petitioner. The Chancery Division, in striking out the petition, found that the cross-claim for an amount exceeding the debt had sufficient substance.

Practice Areas

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