Breyer Group Plc v RBK Engineering Ltd

Breyer is not unable to pay its debts; the debt claimed by RBK is disputed on bona fide and substantial grounds with significant cross-claims; the winding up petition is oppressive and an abuse of process and must be struck out.

Source-derived case information.

Parties: Applicant: Breyer Group PLC; Respondent: RBK Engineering Limited
Jurisdiction: England and Wales
Judgment Date: 19 May 2017
Procedural Posture: Application to Strike Out Winding Up Petition / Judgment
Outcome: Petition struck out
Legal Topics: Winding Up Petition, Abuse of Process, Substantial Dispute, Cross Claims, Payment Notices, Retention, Settlement Agreement, Dispute Resolution

Insolvency Contract Law Construction Law Winding Up Petition Abuse of Process Substantial Dispute Cross Claims Payment Notices +3 more

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5

Parties

Breyer Group PLC

Applicant

RBK Engineering Limited

Respondent

Procedural Posture

Application to Strike Out Winding Up Petition / Judgment

Legal Issues

1 Whether Breyer is unable to pay its debts
2 Whether the debt claimed by RBK is disputed on bona fide and substantial grounds
3 Whether there are substantial cross-claims

Ratio Decidendi

Court Disposition

Petition struck out

Orders

RBK restrained from proceeding further with the winding up petition against Breyer
Petition removed from the file or struck out

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