Source: All England Reporter
Publisher Citation: [2007] All ER (D) 08 (Nov)
Court: Chancery Division

Warren J

Judgment Dates: 1 November 2007


Company - Compulsory winding up - Petition - Restraining presentation of petition - Respondent company issuing statutory demand in respect of amounts said to be due under construction contract - Applicant company disputing whether amounts claimed due and raising substantial counterclaim - Applicant seeking to restrain presentation of winding up petition - Whether presentation of petition an abuse of process.

The Case

In the instant case, where the respondent had issued a statutory demand in relation to sums it claimed were due under a construction contract entered into with the applicant company and where the applicant disputed the alleged debt and raised a bona fides and substantial counterclaim, the court made an order restraining the respondent from presenting a winding up petition on the alleged debts.

Practice Areas

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