The creditor appealed an order setting aside a statutory demand.
Held: The demand had been issued to enforce a costs order when in related matters an action was pending against the creditor and where the debt upon which the demand was based arose from associated proceedings.
Judges:
Ward LJ, Jonathan Parker LJ, Moses J
Citations:
Times 14-May-2004, Gazette 13-May-2004
Jurisdiction:
England and Wales
Citing:
Applied by analogy – Seawind Tankers Corporation v Bayoil SA CA 12-Oct-1998
Although a company admitted a debt, it was nevertheless right to set aside a petition for winding up under that debt, where the company had an unquantified but greater counterclaim within the same proceedings, even if that claim could not presently . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 09 May 2022; Ref: scu.197759