Blackburne J said: ‘At the end of the day the question is whether or not there is a debt owed by [the Debtor] to [the Creditor] over and above andpound;750, sufficient therefore in amount to support a winding up petition, which is not bona fide disputed on substantial grounds. In my judgment, there clearly is. Even making allowance for the various points which [Counsel] has raised, on any view further substantial sums are owing. In my judgment therefore, it cannot be said that if [the Creditor] were now to present a petition to wind up [the Debtor] it would be an abuse of process. True it is that there is a dispute as to the precise amount of the sum to which [the Creditor] is entitled but, on the evidence I have seen, I am satisfied that there is no genuine dispute . . as to the existence of an indebtedness on the part of [the Debtor] to [the Creditor] amply sufficient in amount to support a winding up petition. I propose therefore to dismiss this application’.
Judges:
Blackburne J
Citations:
Unreported
Jurisdiction:
England and Wales
Cited by:
Cited – Angel Group Ltd v British Gas Trading Ltd ChD 8-Oct-2012
The court was asked how it should treat a winding up petition based upon a running account between the parties. . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 15 May 2022; Ref: scu.518801
