Breyer Group Plc v RBK Engineering Ltd [2017] EWHC 1206 (Ch) (19 May 2017)

Breyer Group Plc v RBK Engineering Ltd [2017] EWHC 1206 (Ch) (19 May 2017)

The petition debt is disputed on bona fide and substantial grounds and there are significant potential cross-claims. Breyer is not unable to pay its debts. The continuation of the winding up petition would be oppressive and an abuse of process. The petition is struck out.

Citation
[2017] EWHC 1206 (Ch)
Parties
Applicant: Breyer Group PLC; Respondent: RBK Engineering Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2017
Procedural Posture
Insolvency / Winding Up Petition / Application to Strike Out Creditor's Winding Up Petition
Outcome
Petition struck out
Legal Topics
Winding Up Petitions, Abuse of Process, Substantial Dispute, Cross Claims, Construction Contracts, Payment Notices, Adjudication
Insolvency Commercial Law Construction Law Winding Up Petitions Abuse of Process Substantial Dispute Cross Claims Construction Contracts +2 more

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Parties

Breyer Group PLC

Applicant

RBK Engineering Limited

Respondent

Procedural Posture

Insolvency / Winding Up Petition / Application to Strike Out Creditor's Winding Up Petition

Legal Issues

  1. 1 Whether the applicant is unable to pay its debts within the meaning of insolvency law
  2. 2 Whether the debt claimed by the respondent is genuinely disputed on substantial grounds
  3. 3 Whether there are substantial cross-claims by the applicant against the respondent

Ratio Decidendi

The petition debt is disputed on bona fide and substantial grounds and there are significant potential cross-claims. Breyer is not unable to pay its debts. The continuation of the winding up petition would be oppressive and an abuse of process. The petition is struck out.

Court Disposition

Petition struck out

Orders

  • The winding up petition is struck out as an abuse of process.
  • RBK is restrained from proceeding further with the creditor's petition to wind up Breyer, whether by advertising or otherwise.