CR-2023-007112 - [2024] EWHC 1070 (Ch)

The basic principles of an application for an injunction to restrain presentation of a winding up petition are not in doubt and I bear firmly in mind the principles in Re Tallington Lakes Ltd v South Kesteven District Council [2012] EWCA Civ 443, Argyle Crescent Limited v Definite Finance Co Limited [2004] EWHC 3422 (Ch) and Angel Group v. British Gas Trading [2013] B.C.C. 265. In short, a debt must be disputed on grounds which have substance.

My attention was also drawn to Applications to Wind Up Companies, 2.166, 7.344-7.345, 7.45, 7.39, 7.257, 7.263, relied upon by Mr Willson, which I have also found useful.

I bear in mind that I do not have to make a final determination of the issues but to assess whether or not there is a substantial dispute of a nature of which the result may be that the Lebanese judgment cannot be relied upon to found a winding up petition.

The issues were set out differently by each party and evolved somewhat during the hearing. A mild claim that the application was not properly brought effectively dissolved in the light of day, although it may raise its head again in respect of costs.