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
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Parties
A Company
Applicant
Publishing 2000 Group Limited
Respondent
Procedural Posture
Injunction Application / Judgment
Legal Issues
- 1 Whether the debt in the statutory demand is disputed on substantial grounds
- 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
Full Case Text
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