Soundwave Studios Music Group Ltd v Visage Group Management Ltd

Soundwave Studios Music Group Ltd v Visage Group Management Ltd

There is a genuine and substantial dispute as to whether there has been a total failure of consideration under the Music Production Agreement, as the contract envisaged a range of services beyond delivery of a finished product, some of which were performed. The statutory demand is therefore restrained.

Parties
Applicant: Soundwave Studios Music Group Ltd; 1st Respondent: Visage Group Management Ltd; 2nd Respondent: Visage Cinema Ltd
Jurisdiction
England and Wales
Judgment Date
21 May 2026
Procedural Posture
Insolvency Application (to Set Aside Statutory Demand) / Judgment on Application to Set Aside Statutory Demand
Outcome
Application granted; restraining order issued against presentation of petition.
Legal Topics
Statutory Demand, Failure of Consideration, Set Off and Counterclaim, Abuse of Process, Multi Contract Disputes
Insolvency Contract Law Restitution Statutory Demand Failure of Consideration Set Off and Counterclaim Abuse of Process Multi Contract Disputes

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Parties

Soundwave Studios Music Group Ltd

Applicant

Visage Group Management Ltd

1st Respondent

Visage Cinema Ltd

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a statutory demand can be served for a sum claimed for total failure of consideration
  2. 2 Whether there is a genuine and substantial dispute as to the debt claimed
  3. 3 Whether set-off or counterclaims defeat the statutory demand

Ratio Decidendi

There is a genuine and substantial dispute as to whether there has been a total failure of consideration under the Music Production Agreement, as the contract envisaged a range of services beyond delivery of a finished product, some of which were performed. The statutory demand is therefore restrained.

Court Disposition

Application granted; restraining order issued against presentation of petition.

Orders

  • Restraining order against presentation of winding-up petition by Visage Cinema Ltd.