Celtech International Ltd. v Dalkia Utilities Services Plc [2004] EWHC 193 (Ch) (12 February 2004)

Celtech International Ltd. v Dalkia Utilities Services Plc [2004] EWHC 193 (Ch) (12 February 2004)

There is a genuine and substantial dispute as to whether Dalkia was entitled to terminate the contract for material breach and as to the sums claimed in the statutory demand. Accordingly, Dalkia should be restrained from presenting a winding-up petition based on the disputed debt.

Source-derived case information.

Citation
[2004] EWHC 193 (Ch)
Parties
Applicant: Celtech International Limited; Respondent: Dalkia Utilities Services PLC
Jurisdiction
England and Wales
Judgment Date
12 February 2004
Procedural Posture
Application to Restrain Presentation of Winding Up Petition / Judgment on Application for Injunction
Outcome
Injunction granted restraining presentation of winding-up petition
Legal Topics
Winding Up Petitions, Statutory Demand, Material Breach, Contract Termination, Injunctions, Penalty Clauses
Insolvency Contract Law Company Law Winding Up Petitions Statutory Demand Material Breach Contract Termination Injunctions +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Celtech International Limited

Applicant

Dalkia Utilities Services PLC

Respondent

Procedural Posture

Application to Restrain Presentation of Winding Up Petition / Judgment on Application for Injunction

Legal Issues

  1. 1 Whether Dalkia was entitled to terminate the contract under clause 14.4 for material breach
  2. 2 Whether the sums claimed in the statutory demand are genuinely disputed on substantial grounds
  3. 3 Whether the statutory demand and accompanying letter constituted a waiver or extension of time for payment

Ratio Decidendi

There is a genuine and substantial dispute as to whether Dalkia was entitled to terminate the contract for material breach and as to the sums claimed in the statutory demand. Accordingly, Dalkia should be restrained from presenting a winding-up petition based on the disputed debt.

Court Disposition

Injunction granted restraining presentation of winding-up petition

Orders

  • Dalkia is restrained from presenting a petition to wind up Celtech International Limited based on the statutory demand dated 14 October 2003 or otherwise on claims arising from the Agreement, unless subject to a judgment in favour of Dalkia.