Source: All England Reporter
Publisher Citation: [2007] All ER (D) 131 (Jun)
Court: Chancery Division

Alan Steinfeld QC sitting as a deputy judge of the High Court

Representation Edward Davies (instructed by Grant Saw) for the applicant.
  Catherine Roberts (instructed by Ellis Taylor) for the respondent.
Judgment Dates: 14 June 2007


Company - Winding-up - Compulsory winding-up - Creditor's application - Disputed debt - Existence of debt disputed - Respondent presenting petition in relation to alleged non-payment of sums due under retainer for provision of accountancy services - Applicant denying liability for payment - Applicant seeking order striking-out petition - Whether debt genuinely disputed upon substantial grounds.

The Case

Company Winding-up. In the instant case, where the applicant sought the striking-out of a winding-up petition on the grounds that, inter alia, it was not a party to the contract allegedly giving rise to the obligation to pay the sums in question, the court held that the debt was genuinely disputed on substantial grounds. Accordingly, the petition was struck out.

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