Tallington Lakes Ltd v South Kesteven District Council

Tallington Lakes Ltd v South Kesteven District Council

Permission to appeal was refused because, at the date of the hearing before Norris J, the accrued interest on the costs order exceeded £750 and was not paid in cleared funds, so the Council remained a creditor for an undisputed debt. Payment by cheque did not constitute payment in cleared funds until the cheque...

Source-derived case information.

Parties
Appellant: Tallington Lakes Ltd; Respondent: South Kesteven District Council
Jurisdiction
England and Wales
Judgment Date
15 February 2012
Procedural Posture
Civil / Application for Permission to Appeal (oral Renewal)
Outcome
application refused
Legal Topics
Winding Up Petitions, Costs Orders, Interest on Judgment Debts, Setting Aside Liability Orders
Insolvency Civil Procedure Winding Up Petitions Costs Orders Interest on Judgment Debts Setting Aside Liability Orders

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Parties

Tallington Lakes Ltd

Appellant

South Kesteven District Council

Respondent

Procedural Posture

Civil / Application for Permission to Appeal (oral Renewal)

Legal Issues

  1. 1 Whether the appellant was entitled to an injunction restraining the presentation of a winding-up petition by the respondent
  2. 2 Whether there was a bona fide dispute on substantial grounds as to the debt owed under the April 2008 liability order and interest on the costs order
  3. 3 Whether payment by cheque constituted payment in cleared funds for the purposes of satisfying a judgment debt

Ratio Decidendi

Permission to appeal was refused because, at the date of the hearing before Norris J, the accrued interest on the costs order exceeded £750 and was not paid in cleared funds, so the Council remained a creditor for an undisputed debt. Payment by cheque did not constitute payment in cleared funds until the cheque cleared through the payer’s account.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • No injunction restraining presentation of winding-up petition beyond the period already granted