Conrad Clauson v Knowles Construction Limited

Conrad Clauson v Knowles Construction Limited

The statutory demand was properly served as the applicant received it and deliberately avoided personal service; any defects in service were formal and curable. The debt is not disputed on substantial grounds except to the extent of Yarborough's arguable counterclaim, which reduces but does not extinguish the debt. The applicant has no direct counterclaim or set-off against Knowles beyond the contractual entitlement to set-off sums owed to Yarborough. The application to set aside the statutory demand is dismissed.

Parties
Applicant: Conrad Clauson; Respondent: Knowles Construction Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2024
Procedural Posture
Insolvency Application to Set Aside Statutory Demand / Judgment on Application to Set Aside Statutory Demand
Outcome
Application dismissed
Legal Topics
Statutory Demand, Personal Guarantee, Set Off, Counterclaim, Service of Process
Insolvency Law Contract Law Statutory Demand Personal Guarantee Set Off Counterclaim Service of Process

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Parties

Conrad Clauson

Applicant

Knowles Construction Limited

Respondent

Procedural Posture

Insolvency Application to Set Aside Statutory Demand / Judgment on Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand was properly served on the debtor
  2. 2 Whether the debt is disputed on substantial grounds
  3. 3 Whether the debtor has a counterclaim, set-off or cross-demand exceeding the debt

Ratio Decidendi

The statutory demand was properly served as the applicant received it and deliberately avoided personal service; any defects in service were formal and curable. The debt is not disputed on substantial grounds except to the extent of Yarborough's arguable counterclaim, which reduces but does not extinguish the debt. The applicant has no direct counterclaim or set-off against Knowles beyond the contractual entitlement to set-off sums owed to Yarborough. The application to set aside the statutory demand is dismissed.

Court Disposition

Application dismissed

Orders

  • The application to set aside the statutory demand is dismissed.