R.E.P Ltd -v- Companies Acts [2012] IEHC 392 (01 October 2012)

R.E.P Ltd -v- Companies Acts [2012] IEHC 392 (01 October 2012)

The debt is not bona fide disputed on substantial grounds; the Company accepted the goods before CE marking was mandatory; credits claimed by the Company are not substantiated; the Company is unable to pay its debts as they fall due; the petition is not an abuse of process.

Citation
[2012] IEHC 392
Parties
Petitioner: Allied Insulation Limited; Respondent: R. E. P. Limited
Jurisdiction
Ireland
Judgment Date
01 October 2012
Procedural Posture
Winding Up Petition / Final Judgment
Outcome
petition granted
Legal Topics
Winding Up, Deemed Insolvency, Statutory Demand, Bona Fide Dispute
Company Law Insolvency Winding Up Deemed Insolvency Statutory Demand Bona Fide Dispute

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Parties

Allied Insulation Limited

Petitioner

R. E. P. Limited

Respondent

Procedural Posture

Winding Up Petition / Final Judgment

Legal Issues

  1. 1 Whether the debt owed by the Company to the Petitioner is bona fide disputed on substantial grounds
  2. 2 Whether the Company is unable to pay its debts as they fall due
  3. 3 Whether the presentation of the winding up petition is an abuse of process

Ratio Decidendi

The debt is not bona fide disputed on substantial grounds; the Company accepted the goods before CE marking was mandatory; credits claimed by the Company are not substantiated; the Company is unable to pay its debts as they fall due; the petition is not an abuse of process.

Court Disposition

petition granted

Orders

  • Company to be wound up
  • Declan Taite and Anne O’Dwyer appointed joint official liquidators