Celtech International Ltd. v Dalkia Utilities Services Plc

Celtech International Ltd. v Dalkia Utilities Services Plc

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 is restrained from presenting a winding-up petition based on the statutory demand or claims under the agreement unless and until judgment is obtained.

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

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Parties

Celtech International Limited

Applicant

Dalkia Utilities Services PLC

Respondent

Procedural Posture

Commercial Application (injunction) / Judgment on Application to Restrain Presentation of Winding Up Petition

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 service of a statutory demand 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 is restrained from presenting a winding-up petition based on the statutory demand or claims under the agreement unless and until judgment is obtained.

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 they are the subject of a judgment in favour of Dalkia.
  • Counsel to prepare and, if possible, agree a draft form of the order.