Quinlan v Edgeworth Capital (Luxenbourg) SARL

Quinlan v Edgeworth Capital (Luxenbourg) SARL

There is a serious issue to be tried regarding the alleged breach of covenant, but Mr Quinlan would not suffer irreparable harm that could not be compensated by damages if the injunction is refused. The balance of convenience does not favour granting the injunction, as the bankruptcy petition has already been presented and the applicant can raise all relevant arguments in the bankruptcy proceedings.

Parties
Claimant/applicant: Derek Quinlan; Defendant/respondent: Edgeworth Capital (Luxembourg) S.A.R.L.
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Injunction Application (bankruptcy) / Interim Application for Injunction; Return Date
Outcome
Interim injunction refused
Legal Topics
Interim Injunctions, Breach of Covenant, Bankruptcy Petition, Case Management
Bankruptcy Contract Interim Injunctions Breach of Covenant Bankruptcy Petition Case Management

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Parties

Derek Quinlan

Claimant/applicant

Edgeworth Capital (Luxembourg) S.A.R.L.

Defendant/respondent

Procedural Posture

Injunction Application (bankruptcy) / Interim Application for Injunction; Return Date

Legal Issues

  1. 1 Whether an interim injunction should be granted restraining service of a bankruptcy petition allegedly presented in breach of covenant
  2. 2 Whether the presentation of the bankruptcy petition was in breach of a deed between the parties
  3. 3 Whether the applicant would suffer irreparable harm if the injunction is refused

Ratio Decidendi

There is a serious issue to be tried regarding the alleged breach of covenant, but Mr Quinlan would not suffer irreparable harm that could not be compensated by damages if the injunction is refused. The balance of convenience does not favour granting the injunction, as the bankruptcy petition has already been presented and the applicant can raise all relevant arguments in the bankruptcy proceedings.

Court Disposition

Interim injunction refused

Orders

  • Application for interim injunction restraining service of bankruptcy petition is dismissed