A Company

A Company

The debt is disputed on substantial grounds and the applicant has a substantial cross-claim, so the respondent has no locus standi to present a winding up petition.

Parties
Applicant: A Company; Respondent: Publishing 2000 Group Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2005
Procedural Posture
Injunction Application / Judgment
Outcome
Injunction granted
Legal Topics
Statutory Demand, Winding Up Petition, Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A Company

Applicant

Publishing 2000 Group Limited

Respondent

Procedural Posture

Injunction Application / Judgment

  1. 1 Whether the debt in the statutory demand is disputed on substantial grounds
  2. 2 Whether the applicant has a cross-claim that overtops the statutory demand debt

Ratio Decidendi

The debt is disputed on substantial grounds and the applicant has a substantial cross-claim, so the respondent has no locus standi to present a winding up petition.

Court Disposition

Injunction granted

Orders

  • Publishing 2000 Group Limited is restrained from presenting a winding up petition against the applicant company