||All England Reporter
|| All ER (D) 106 (Nov)
||Duncan Kynoch (instructed by Barker Gillette) for the company.
||Nigel Woodhouse (instructed by Caporn Campbell) for the petitioner.
||7 November 2002
Costs - Order for costs - Indemnity costs - Petitioner deciding not to proceed with winding up petition - Grant of application.
The company's application for the petitioner to pay its costs on an indemnity basis where the petitioner had decided not to proceed with its winding up petition, was granted on the grounds that the petitioner should have realised that the company had a bona fide dispute which could not properly be resolved in the companies court in the form of winding up proceedings.
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