Source: All England Reporter
Publisher Citation: [2002] All ER (D) 457 (Oct)
Court: Chancery Division

Ferris J

Judgment Dates: 30 October 2002


Companies - Winding up - Petition - Cross claims - Discretion of court.

The Case

On the applicant company's application for an order restraining presentation of a winding up order against it, the court decided that since there was no sufficient answer to the respondent's claim for payment and the applicant's cross-claim was a matter of complexity, the appropriate balance, in the exercise of the court's discretion, was to leave the respondent free to proceed with the presentation of the winding up petition and for the applicant to pursue its cross-claims separately.

Practice Areas

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