This was an application by Moorside Investments Ltd (“Moorside”) to restrain the presentation of a winding up petition based on a statutory demand by DAG Construction Ltd (“DAG”). The dispute arose out of a construction contract that was partly oral and partly in writing. The contract was partly made on 11 October 2006 and in relation to other parts after this date.

DAG started work on 16 October 2006. There was no contractual completion date and a number of delays occurred in the completion of the works. DAG submitted a number of invoices to Moorside, some of which were unpaid. DAG then left site without finishing the works. Moorside alleged that they had spent money repairing and completing defective works.

Was there a genuine dispute regarding the amounts specified in the statutory demand?