Re Claybridge Shipping Company SA
| Jurisdiction | England & Wales |
| Date | 1997 |
| Year | 1997 |
| Court | Court of Appeal (Civil Division) |
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75 cases
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Jinpeng Group Ltd Appellant v Peak Hotels and Resorts Ltd Respondents
...examination of the evidence to determine if it reached the threshold of raising a dispute on genuine and substantial grounds. Re Claybridge Shipping Co SA [1997] 1 BCLC 572 applied. 3. The learned judge not having applied the 'genuine and substantial dispute' test properly, nor having co......
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Re GFN Corporation
...1 BCLC 304, applied. (4) Brinds Ltd. v. Offshore Oil N.L.UNK(1986), 2 BCC 98, 916, applied. (5) Claybridge Shipping Co. S.A., Re, [1997] 1 BCLC 572; [1981] Com. L.R. 107n, applied. (6) Company (No. 006685 of 1996), In re a, [1997] BCC 830, referred to. (7) Fortuna Dev. Corp., In re, 2004–05......
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Re Parmalat Capital Fin Ltd
... ... , as they had first been raised more than two years after the court was asked to wind up the company, and PCFL was hopelessly insolvent and the circumstances regarding its downfall required ... v. Offshore Oil N.L. , [1986] 2 BCC 98 , considered. (4) Claybridge Shipping Co., Re , [1997] 1 BCLC 572 ; [1981] Com. L.R. 107 , applied. (5) Deloitte & ... ...
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Banco Economico v Allied Leasing
...AryWLR, [1997] 1 W.L.R. 534; sub nom. Re U.O.C. Corp., Alipour v. Ary, [1997] BCC 377, applied. (2) Claybridge Shipping Co. S.A., Re, [1997] 1 BCLC 572; [1981] Com. L.R. 107n, dicta of Lord Denning, M.R. applied. (3) Company (No. 0012209 of 1991), In re a, [1992] 1 W.L.R. 351, considered. (......
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2 books & journal articles
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WINDING UP PETITIONS FOUNDED ON A BONA FIDE DISPUTED DEBT
...also Occidental Life Insurance Co of Australia Ltd v Life Style Planners Pty Ltd(1992) 111 ALR 261 at 264; Re Claybridge Shipping Co SA[1997] 1 BCLC 572 at 578i. 16 Occidental Life Insurance Co of Australia Ltd v Life Style Planners Pty Ltd, supra, note 15, at 264. See also Re Kolback Group......
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Insolvency Law
...leave to defend has been obtained, the company will not be able to establish a substantial dispute (Re Claybridge Shipping Co SA[1997] 1 BCLC 572 at 575; Alipour v Ary[1997] 1 WLR 534 at 542). 14.86 On the facts of Wong Kwei Cheong, the statutory demand had been issued by the creditor again......