Lime'In Ltd, Re [2002] EWCA Civ 382 (12 March 2002)

Lime'In Ltd, Re [2002] EWCA Civ 382 (12 March 2002)

There was no real prospect of success on appeal because the lease unambiguously stated the rent, the applicant had paid rent on that basis, and there was no documentary evidence supporting the alleged lower rent or the counterclaim. The judge was entitled to find no reasonable grounds for disputing the debt or...

Source-derived case information.

Citation
[2002] EWCA Civ 382
Parties
Applicant: Lime'In Limited; Respondent: Hallmill Ltd
Jurisdiction
England and Wales
Judgment Date
12 March 2002
Procedural Posture
Bankruptcy/winding Up Petition / Renewed Application for Permission to Appeal With Extension of Time
Outcome
Application for extension of time granted; application for permission to appeal refused.
Legal Topics
Statutory Demand, Winding Up Order, Lease Interpretation, Counterclaim, Extension of Time, Permission to Appeal
Insolvency Landlord and Tenant Statutory Demand Winding Up Order Lease Interpretation Counterclaim Extension of Time Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Lime'In Limited

Applicant

Hallmill Ltd

Respondent

Procedural Posture

Bankruptcy/winding Up Petition / Renewed Application for Permission to Appeal With Extension of Time

Legal Issues

  1. 1 Whether the applicant had reasonable grounds to dispute the debt under the statutory demand
  2. 2 Whether there was a prima facie counterclaim sufficient to resist the winding-up order
  3. 3 Whether the rent amount was as stated in the lease or subject to rectification

Ratio Decidendi

There was no real prospect of success on appeal because the lease unambiguously stated the rent, the applicant had paid rent on that basis, and there was no documentary evidence supporting the alleged lower rent or the counterclaim. The judge was entitled to find no reasonable grounds for disputing the debt or supporting the cross-claim.

Court Disposition

Application for extension of time granted; application for permission to appeal refused.

Orders

  • Extension of time granted
  • Permission to appeal refused