Representation of Vidya AG re Sumner Group Holdings Limited [2022] JRC 259 (28 November 2022)

The Representor has a claim for a liquidated sum exceeding the statutory minimum, the Company failed to pay or raise a substantial dispute as to the debt, and the evidence does not support the Company's assertions of termination or non-performance. The statutory requirements for a creditors' winding up are met.

Citation: [2022] JRC 259
Parties: Representor: Vidya A. G.; Company: Sumner Group Holdings Limited
Jurisdiction: Jersey
Judgment Date: 28 November 2022
Procedural Posture: Creditors' Winding Up Application / Judgment Following Hearing of Application
Outcome: Application granted
Legal Topics: Creditors' Winding Up, Statutory Demand, Liquidated Claim, Summary Judgment Standard, Disputed Debt

Insolvency Company Law Creditors' Winding Up Statutory Demand Liquidated Claim Summary Judgment Standard Disputed Debt

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Parties

Vidya A. G.

Representor

Sumner Group Holdings Limited

Company

Procedural Posture

Creditors' Winding Up Application / Judgment Following Hearing of Application

Legal Issues

1 Whether the Representor has a claim for a liquidated sum under Article 157A of the Companies (Jersey) Law 1991
2 Whether the Company has disputed the debt to the reasonable satisfaction of the creditor under Article 157A(2)(b)
3 Whether the Agreement was terminated by mutual consent

Ratio Decidendi

Court Disposition

Application granted

Orders

Sumner Group Holdings Limited is wound up under Article 157C of the Companies (Jersey) Law 1991
Mr Alan Roberts of Grant Thornton appointed as liquidator