Conclusions
Conclusion
I am not satisfied that there is substance in the Applicants’ alleged dispute and in their refusal to pay the debt set out in the statutory demands. I consider that the grounds of opposition to the debt raised by the Applicants have no rational prospect of success. This is an example of a case where a “cloud of objections” has been raised to “obfuscate the real issues”. Despite the Applicants’ evidence, they have no arguable defence to the Respondent’s claim.
I will therefore dismiss the application.
I will invite counsel to agree a draft order addressing: (a) dismissal of the application; (b) whether any order needs to be made in relation to the Respondent’s undertaking not to present a winding up petition; (c) costs; and (d) any other directions that are needed.
- Heading
- Introduction
- Swarup dated 11 November 2024, the witness statement of Simon Gretton
- When will the court restrain presentation
- Background
- Ground 1 – No formal board approval from the Applicants for the Turnover Statement
- Ground 2 – Applicants’ concerns regarding the Turnover Statement
- Ground 3 – alleged cross claim
- Conclusions
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