This case concerned a winding-up petition based on a debt of £305,811.91 said to be due under a parent company guarantee. The company disputed the debt on the basis that the underlying loan agreement was unclear as to when repayment was due and that the petitioner had failed to give valid notices of default and demand in accordance with the contractual notice provisions. The High Court held that there were genuine and substantial disputes as to whether the debt was due and payable when the petition was presented. These contractual issues were unsuitable for determination in winding-up proceedings and would require consideration of further evidence. The court also found that there were arguable issues concerning the petitioner’s seizure of stock belonging to the company’s subsidiary. Accordingly, the winding-up petition was dismissed. For more information, please view the judgment below:
