Legal News

Injunction to restrain winding up petition for non-payment (Cosmur v St Lewis)

Published on: 01 November 2016
Published by: LexisPSL
  • Injunction to restrain winding up petition for non-payment (Cosmur v St Lewis)
  • Original news
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Construction analysis: The Companies Court granted an injunction to restrain the presentation of a winding up petition following a statutory demand for the amount in a sub-contractor’s final account, where the contractor had not given a pay less notice in time. The court held that there was a real question over whether the sub-contractor was entitled to serve its final account (and also whether an earlier interim payment application had been made at the correct time). In addition, the court considered that the contractor's cross claim was genuine—there was evidence supporting the amount of the cross claim and the claim had not been plucked out of thin air. or take a trial to read the full analysis.

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