MacPherson v Wise

MacPherson v Wise

There were no substantial grounds for believing that a legally binding agreement existed postponing repayment until the sale of Wells House; the evidence was not credible or sufficiently particularised to justify setting aside the statutory demand.

Parties
Claimant/respondent: Mr H Macpherson; Defendant/appellant: Mr D Wise
Jurisdiction
England and Wales
Judgment Date
17 January 2011
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Set Aside Statutory Demand
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Oral Agreement, Promissory Estoppel, Loan Repayment, Security Interest
Insolvency Contract Statutory Demand Oral Agreement Promissory Estoppel Loan Repayment Security Interest

Case Brief

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 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr H Macpherson

Claimant/respondent

Mr D Wise

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether there were substantial grounds for disputing the debt claimed in the statutory demand
  2. 2 Whether an oral agreement existed postponing repayment until sale of Wells House
  3. 3 Whether promissory estoppel prevented issuance of statutory demand

Ratio Decidendi

There were no substantial grounds for believing that a legally binding agreement existed postponing repayment until the sale of Wells House; the evidence was not credible or sufficiently particularised to justify setting aside the statutory demand.

Court Disposition

appeal dismissed

Orders

  • Statutory demand stands; no order setting aside the statutory demand