Allen v Burke Construction Ltd [2010] NICh 9 (25 May 2010)

Allen v Burke Construction Ltd [2010] NICh 9 (25 May 2010)

There is an arguable case that some payments made by Allen should be attributed to Green Road, justifying conditional allowance of the appeal if £50,000 is paid to the respondent within six weeks; VAT evasion does not bar the claim as the invoice properly sought VAT.

Source-derived case information.

Citation
[2010] NICh 9
Parties
Applicant/appellant: Andrew Allen; Respondent: Burke Construction Limited
Jurisdiction
Northern Ireland
Judgment Date
25 May 2010
Procedural Posture
Bankruptcy Appeal / Appeal Against Refusal to Set Aside Statutory Demand
Outcome
Appeal conditionally allowed
Legal Topics
Statutory Demand, Counterclaim, Disputed Debt, Building Contract, VAT Evasion
Bankruptcy Insolvency Contract Statutory Demand Counterclaim Disputed Debt Building Contract VAT Evasion

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Parties

Andrew Allen

Applicant/appellant

Burke Construction Limited

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal Against Refusal to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand should be set aside due to disputed debt or counterclaim
  2. 2 Whether payments made by Allen should be attributed to Green Road or Old Bangor Road
  3. 3 Whether VAT evasion taints the respondent's claim

Ratio Decidendi

There is an arguable case that some payments made by Allen should be attributed to Green Road, justifying conditional allowance of the appeal if £50,000 is paid to the respondent within six weeks; VAT evasion does not bar the claim as the invoice properly sought VAT.

Court Disposition

Appeal conditionally allowed

Orders

  • Appeal will be allowed if Allen pays £50,000 to respondent's solicitors within six weeks
  • Burke Construction Limited may pursue remedies at law for remaining amounts against Allen or Astondoa Limited