Source: All England Reporter
Publisher Citation: [2014] All ER (D) 153 (Feb)
Neutral Citation: [2014] EWHC 248 (Ch)
Court: Chancery Division

Judge Hodge QC

Representation Geoffrey Zelin (instructed by Lex Law) for the company.
  Simon Passfield (instructed by Stephens Scown) for the petitioner.
Judgment Dates: 14 January 2014


Company - Winding up - Petition by creditor - Petitioner issuing winding-up petition against company - Deputy district judge finding petitioner being 'contingent creditor' entitled to present winding-up petition - Judge referring to statement in company voluntary arrangement in finding petitioner contingent creditor - Judge making winding-up order - Company appealing - Whether judge erring.

The Case

Company Winding up. The Chancery Division allowed an appeal against a winding-up order where the district judge had attached far too much weight to a reference to the petitioning and supporting creditors as contingent creditors in a company voluntary arrangement CVA proposal. The deputy district judge had fallen into error in treating the standing of the petitioning and supporting creditors to present and pursue a petition as established in circumstances where the petition debt had been disputed allegedly on substantial grounds. The case was remitted to the district registry on the issue whether the petition debt was genuinely disputed on substantial grounds.

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