7 Dec, 2018
Wales’ oldest rugby club, Neath Rugby RFC, has successfully opposed a winding up petition heard by HHJ Keyser QC. The court accepted that the purported demand made against the primary obligee failed to meet the Mennai test and that the petitioning creditor’s right to recourse under a recourse finance facility was not engaged. The petition was dismissed with costs ordered on the indemnity basis. Jamie Hannant acted for the rugby club (Neath Rugby Limited).
Applied: Angel Group Ltd v British Gas Trading Ltd  EWHC 2702 (Ch); Barclays Bank plc v Price and others  EWHC 2719 (Comm); Mannai Investment Co. Ltd v Eagle Star Life Assurance Co Ltd  AC 749.
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