COD Hyde Ltd v Space Change Management Ltd

COD Hyde Ltd v Space Change Management Ltd

There is no genuine dispute on substantial grounds as to the sums due under interim payment applications 6 and 7, nor is there even a shadowy counterclaim. The contractor was entitled to suspend work and terminate the contract. The employer's reliance on the absence of a performance bond is not a valid ground to withhold payment. The application to restrain the presentation of a winding-up petition is dismissed.

Parties
Applicant: COD Hyde Limited; Respondent: Space Change Management Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2016
Procedural Posture
Application to Restrain Presentation of Winding Up Petition / Judgment on Application
Outcome
Application dismissed
Legal Topics
Winding Up Petition, Statutory Demand, Interim Payments, Repudiatory Breach, Termination of Contract, Performance Bond, Counterclaim
Insolvency Construction Law Contract Law Winding Up Petition Statutory Demand Interim Payments Repudiatory Breach Termination of Contract +2 more

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Parties

COD Hyde Limited

Applicant

Space Change Management Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the debt claimed in the statutory demand is disputed on substantial grounds
  2. 2 Whether the applicant has a bona fide counterclaim exceeding the sum claimed
  3. 3 Whether the contractor was entitled to suspend work and terminate the contract

Ratio Decidendi

There is no genuine dispute on substantial grounds as to the sums due under interim payment applications 6 and 7, nor is there even a shadowy counterclaim. The contractor was entitled to suspend work and terminate the contract. The employer's reliance on the absence of a performance bond is not a valid ground to withhold payment. The application to restrain the presentation of a winding-up petition is dismissed.

Court Disposition

Application dismissed

Orders

  • Injunction to restrain presentation of winding-up petition refused
  • Application dismissed