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Popeley v Popeley: CA 30 Apr 2004

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 analogySeawind 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

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