Disputed Debts, Arbitration Clauses, Winding-Up Proceedings and the Applicable Standard of Proof
Consider this: Company A alleges that Company B owes them a debt that arose from an agreement. Company B disputes the debt. It is a well-established principle that it is an abuse of the court’s process for creditors to try to enforce a disputed debt by means of winding up proceedings—in such cases, the courts will dismiss the winding up application. Nevertheless, Company A proceeds to commence winding-up proceedings. What is the applicable standard of proof that should be applied to determine if the debt is disputed?
Legal Topic Discussion
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Release Time: 2019-11-08 08:04:44