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Stonegate Securities Ltd v Gregory
''Stonegate Securities Ltd v Gregory'' () Ch 576 is a UK insolvency law case concerning the liquidation procedure when a company is unable to repay its debts. It held that a winding up petition would not be granted to a petitioner to whom a debt was bona fide under dispute.〔L Sealy and S Worthington, ''Cases and Materials in Company Law'' (9th edn OUP 2010) 748-9〕
==Facts==
Mr Gregory in accordance with CA 1948 s 223 (now IA 1986 s 123) served a notice demanding payment of a £33,000 debt within 21 days. Stonegate had agreed to buy shares in Mr Gregory’s property company, Trinette Ltd, when it got planning permission. The company accepted there was a contingent or prospective liability, but argued the debt was not presently due. At the first instance Mr Gregory accepted that there was a dispute about when the debt was due, and insofar as the debt was contingent, that the contingency might never happen at all. The company sought interlocutory relief restraining the petition.
Blackett-Ord VC found there was a ''bona fide'' dispute about whether Mr Gregory was a creditor for a sum presently due and granted the injunction, provided that in three weeks the company would make a declaration of solvency. The company appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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