Source: All England Reporter
Publisher Citation: [2002] All ER (D) 02 (Mar)
Court: Chancery Division

Kevin Garnett QC sitting as a judge of the High Court

Representation Edward Davies (instructed by Connollys, Chelmsford) for the petitioner.
  Ben Quiney (instructed by Irena Spence & Co, Cambridge) for the defendant.
Judgment Dates: 1 March 2002


Company - Compulsory winding up - Petition by creditor - Petitioner presenting petition for non payment of debt under contract - Defendant company claiming petitioner not acting in accordance with contract - Whether company able to pay debts - s 123.

The Case

The petitioner's application to have the defendant company wound up was allowed as the court was satisfied that the company was unable to pay its debts which had accrued as a result of the contract with the petitioner.

Practice Areas

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