Read the full judgment text of CACV 000052/1999 on BabelCite. This Court of Appeal judgment was delivered on 12 February 1999 before Rogers, J.A..
Civil procedure – injunction – winding-up petition – statutory demand – arbitration agreement – discretion – appeal – The Plaintiff sought to restrain the Defendant from presenting a winding-up petition based on a statutory demand for US$693,824.33. The judge below refused the injunction unless the entire amount was paid into court, finding the Plaintiff had no arguable defence on merits and the arbitration argument was tenuous. On appeal, the Court of Appeal declined to interfere with the exercise of discretion, holding that the judge's decision was correct and the Plaintiff had been given an opportunity to provide security pending appeal. Application for injunction pending appeal refused.
Legal issues: Injunction to restrain winding-up petition
Outcome: Application for injunction pending appeal refused.
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