Cosmur Construction (London) Ltd v St Lewis Design Ltd

Cosmur Construction (London) Ltd v St Lewis Design Ltd

There is a bona fide and substantial dispute as to the petition debt, and/or a genuine and substantial cross-claim by Cosmur exceeding the petition debt, such that the presentation of a winding up petition by SLD should be restrained by injunction.

Parties
Applicant: Cosmur Construction (London) Limited; Respondent: St Lewis Design Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2016
Procedural Posture
Insolvency Application (injunction to Restrain Winding Up Petition) / Judgment on Application for Injunction Prior to Presentation of Winding Up Petition
Outcome
Injunction granted restraining presentation of winding up petition
Legal Topics
Injunctions, Statutory Demand, Cross Claims, Winding Up Petitions, Construction Contracts, Pay Less Notice, Liquidated Damages
Insolvency Construction Law Contract Law Injunctions Statutory Demand Cross Claims Winding Up Petitions Construction Contracts +2 more

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Parties

Cosmur Construction (London) Limited

Applicant

St Lewis Design Limited

Respondent

Procedural Posture

Insolvency Application (injunction to Restrain Winding Up Petition) / Judgment on Application for Injunction Prior to Presentation of Winding Up Petition

Legal Issues

  1. 1 Whether there is a bona fide and substantial dispute as to the petition debt claimed by SLD against Cosmur
  2. 2 Whether Cosmur has a genuine and substantial cross-claim exceeding the petition debt
  3. 3 Whether the absence of a pay less notice in relation to a final account under the contract makes the sum claimed indisputably due

Ratio Decidendi

There is a bona fide and substantial dispute as to the petition debt, and/or a genuine and substantial cross-claim by Cosmur exceeding the petition debt, such that the presentation of a winding up petition by SLD should be restrained by injunction.

Court Disposition

Injunction granted restraining presentation of winding up petition

Orders

  • Injunction granted restraining St Lewis Design Limited from presenting a winding up petition against Cosmur Construction (London) Limited