Spanboard Products Limited v Ernest Charles Elias, Stephen Edward Elias and David Andrew Elias trading as Elias Altrincham Properties
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 2003 |
| Neutral Citation | [2003] NICh 3 |
| Date | 20 May 2003 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No. [2003] NICh 3 Ref:
GIRF3917
Judgment: approved by the Court for handing down Delivered:
20/05/2003
(subject to editorial corrections)
2003 No. 274
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
________
BETWEEN:
SPANBOARD PRODUCTS LIMITED
Plaintiff;
-and-
ERNEST CHARLES ELIAS, STEPHEN EDWARD ELIAS AND DAVID
ANDREW ELIAS TRADING AS ELIAS ALTRINCHAM PROPERTIES
Defendants.
________
GIRVAN J
[1] This is an application by the plaintiff company (“the company”) for an
order that the defendants be restrained from presenting a winding up petition
against the company. This follows the service by the defendants on the
company of a statutory demand dated 4 April 2002 in which the defendants
demands payment of the sum of some £163,000 allegedly due as service rent
payable by the company under the terms of a lease dated 20 February 1992.
This lease was originally for a term of five years. It was followed by an
extension of lease and supplemental lease both dated 2 July 1993 which
respectively extended the terms of the 1992 lease to five years from
10 February 1997 and increased the plaintiff’s take of the premises.
[2] The affidavit in support of the application exhibited the lease
documentation and set out the relevant provisions of the lease. Of particular
relevance are the provisions contained in Clause 7. Clause 7.3 provided:
To continue reading
Request your trial
1 cases
-
Sheridan Millennium Limited v Odyssey Property Company
... ... The principles are discussed in Spanboard Products Limited v Elias [2003] NI Ch 3 and by ... in cases such as Dixons Group Plc v John Andrew Murray-Oboynkski 86 BLR 32. That was a case ... ...