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Re a company (No. 0005945 of 2006)

An application for an injunction to restrain the presentation of a winding up petition following a statutory demand for outstanding rent was refused where under the terms of the relevant leases the rental sums remained due.

8 September 2006

The applicant company (C) applied for an injunction to restrain the presentation or advertisement of a winding up petition following a statutory demand made by the respondent company (L). According to L, the sums it had claimed in the statutory demand were outstanding rent for a quarter in respect of two units of which L was the landlord and C was the business tenant. C contended that it was not liable to pay the sums because it had given notice to L of its intention to determine the leases in respect of the units, and that L had agreed to terminate them prior to the date specified in the leases. L contended that the notices were invalid and that the leases were not terminated. L also contended that there was no question of apportionment of C's rent relating to that portion of the lease subsisting to expiration, and therefore the full rental sum fell due.

HELD: On the proper construction of the leases, it was not possible to apportion rent to a lesser period than a quarter on ...

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