Western Broadcasting Services Limited v. 204 of the Companies Act

IN THE SUPREME COURT OF JUDICATURE OF

CLAIM NO 2005 HCV 0 1 132

IN THE MATTER OF WESTERN

BROADCASTING SERVICES

LIMITED.

AND

IN THE MATTER OF SECTION 204

(A) OF THE COMPANIES ACT

Mr. Emil George Q.C. and Miss Stacy-Ann Smith instructed by DunnCox

for Mr. Edward Seaga.

Mr. Charles Piper instructed by Messrs Piper and Samuda for Western

Broadcasting Services Limited.

APPLICATION TO DISMISS PETITION

Heard: 9TH & 17" January 2006

BROOKS, J.

Western Broadcasting Services Limited (the company) has applied to

this court to dismiss a petition filed by Mr. Edward Seaga for the company

to be wound up. The petition contains an allegation that the company is

indebted to Mr. Seaga in a sum in excess of $31.0 m. and that it has

neglected to pay the debt. The company asserts that Mr. Seaga is well aware

that it has a bonafide dispute as to the alleged debt and that the petition is

therefore an improper attempt to pressure it to pay the sums claimed. As a