In another Court of Appeal decision in BWG v BWF, which was heard alongside AnAn Group (Singapore) Pte Ltd v. VTB Bank (Public Joint Stock Company), a debtor attempted to resist a winding-up application, on the basis that the debtor-creditor relationship was subject to an arbitration agreement. The Court of Appeal held that a prima facie standard of review applied when considering the application.
This case is also important by virtue of the creditor’s argument that the debtor had committed an abuse of process by raising defences to resist the winding-up application that were potentially inconsistent with arguments it had raised against other parties in separate legal proceedings.
The Court of Appeal held that where a party takes inconsistent positions in the same or related proceedings, this may amount to an abuse of process, in the absence of a clear and convincing reason for the inconsistency.
You can read more on this decision in our alert here