Citation: CILL 1934 Companies Court
Nature of case: Following a dispute over a shop refurbishment, the client Guardi refused to allow contractors Datum to remedy defects. Datum obtained an award of £108,000 on adjudication; Guardi failing to serve a s.111 HGCR Act notice.
When Guardi failed to honour the award, Datum made a statutory demand followed by steps for a winding-up petition.
Guardi sought to continue an injunction against the advertisement of the petition, but the court refused the application;
Guardi had only itself to blame for failing to serve the s.111 notice and could not allege abuse of process merely because it might have an arguable counter-claim.
