Sheridan Millennium Limited v Odyssey Property Company
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 26 September 2003 |
| Neutral Citation | [2003] NICh 7 |
| Date | 26 September 2003 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2003 |
1
Insolvency – winding up – whether petition should be restrained – whether arguable
defence to debt claimed by statutory demand – whether debtor can rely on set-off –
agreement not to claim set-off – whether “manifest error” or creditor’s estimate –
whether ouster of jurisdiction of the court
Neutral Citation no [2003] NICh 7
Ref:
GIRC4011
Judgment: approved by the Court for handing down Delivered:
26/9/03
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION (COMPANIES WINDING UP)
________
IN THE MATTER OF SHERIDAN MILLENNIUM LIMITED
IN THE MATTER OF THE INSOLVENCY (NI) ORDER 1989
BETWEEN:
SHERIDAN MILLENNIUM LIMITED
Applicant
and
ODYSSEY PROPERTY COMPANY
Defendant
________
GIRVAN J
[1] This is an application by Sheridan Millennium Limited (“the tenant
company”) for an injunction to restrain the defendant Odyssey Property
Company (“the landlord”) from presenting a winding-up petition following
the service of a statutory demand dated 8 July 2003 served on the company on
21 July 2003. Upon the hearing of the application Mr John Maxwell appeared
on behalf of the tenant company and Mr Horner QC and Ms Danes appeared
on behalf of the landlord.
[2] The tenant company operates the Pavilion and the Sheridan Imax
Cinema at Queen’s Quay, Belfast. The tenant company holds its interest in
these premises under a lease made on 1 February 2001 for a term of 150 years
less 10 days commencing on 1 February 2001 (“the lease”).
To continue reading
Request your trial
5 cases
-
Ulster Bank Limited and Adrian McLaughlin
...NI26; Allen v Burke Construction Ltd [2010] NICh9, [2011] NIJB 62; and Sheridan Millennium Ltd v Odyssey Property Company [2003]NICh7, [2004]NI 117 are clear that an application to set aside a statutory demand does not involve a trial or the testing of evidence. Not being in the nature of l......
-
Sheridan Millennium Limited v Village Theatres 3 Limited
...v Indoor Leisure Limited [1994] 4 All ER 834 and the discussion of the authorities in Sheridan Millennium Limited v Odyssey Property Co [2004] NI 117). Thus, if the defendant has an arguable equitable set-of clause 2(3)(a) and clause 3(1) would not preclude the defendant’s argument that it ......
-
Re Anthony Brennan
...interests of justice for the defendant to be allowed to defend. Subsequently, Girvan J as he then was in Re Sheridan Millennium Limited [2004] NI 117 confirmed that if a debtor wished to set aside a statutory demand on the ground outlined at [b] above, he must show that he has a ‘potentiall......
-
O’Neill (Geraldine Patricia) v Ulster Bank Limited
...[16] She also relied on the judgment of Mr Justice Girvan, as he then was, in Sheridan Millennium Ltd and Odyssey Property Company [2003] NICh 7 and I think I need not quote from it. So I have to decide whether the debt is disputed on grounds which appear to the court to be substantial and ......
Request a trial to view additional results