The company sought to strike out a winding up petition presented by the respondents, saying a winding up petition was by way of an action, and was barred by statute after six years.
Held: A winding up petition was not an action within the section and was not time barred after 6 years.
Citations:
LTL 21 May 2004
Statutes:
Jurisdiction:
England and Wales
Citing:
Disapproved – Re a Debtor ChD 1997
The creditor appealed the decision to set aside a statutory demand as statute barred.
Held: The appeal was dismissed. Bankruptcy proceedings based on a statutory demand for moneys due under a previous default judgment constituted ‘an action . .
Cited by:
Appeal from – Ridgeway Motors (Isleworth) Ltd v Alts Ltd CA 10-Feb-2005
The company appelaed a refusal of the judge to strike out a winding up petition. They said the petition was based upon a judgment which was now time barred. The petitioner replied that such a petition was not an action under the section.
Held: . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Limitation
Updated: 09 December 2022; Ref: scu.199817
