Source: All England Reporter
Publisher Citation: [2002] All ER (D) 106 (Nov)
Court: Chancery Division
Judge:

Ferris J

Representation Duncan Kynoch (instructed by Barker Gillette) for the company.
  Nigel Woodhouse (instructed by Caporn Campbell) for the petitioner.
Judgment Dates: 7 November 2002

Catchwords

Costs - Order for costs - Indemnity costs - Petitioner deciding not to proceed with winding up petition - Grant of application.

The Case

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.

Practice Areas

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