Mann v Goldstein [1968] 1 WLR 1091 is a UK insolvency law case concerning the bringing of a winding up petition when a company is alleged to be unable to repay its debts.

Peter and Anita Mann sought an injunction against a winding up petition by Mr Sidney Goldstein and his wife, as well as Wallander Laboratories Ltd, on the ground that the debts were under dispute.

Mr Goldstein brought the winding up petition alleging that he was owed £1869 16s 3d in directors’ fees, declared by Joanita in 1959-1960 but not paid.

It seems to me that to pursue a substantial claim in accordance with the procedure provided and in the normal manner, even though with personal hostility or even venom, and from some ulterior motive, such as the hope of compromise or some indirect advantage, is not an abuse of the process of the court or acting mala fide but acting bona fide in accordance with the process.

“It is not a remedy intended by the legislature, or that ought ever to be applied, to enforce payment of a debt where these circumstances exist — solvency and a disputed debt.”As Sir George Jessel M.R.

said in the judgment from which I have already quoted: “When a company is solvent, the right course is to bring an action for the debt.” So, to pursue a winding-up petition in such circumstances is an abuse of the process of the court.