TAB Dental Systems – Court update

Customer Support

SFD’s winding up petition against TAB Dental Systems was heard in Derby County Court on 8 February 2011. SFD was seeking to wind up TAB Dental Systems on the basis of an unpaid debt of more than £78,000 which SFD believes is owing to it for unpaid support and licence fees from the resale of its software, in some cases going back nearly 4 years.

SFD has been seeking payment of this sum for nearly 2 years, without success. TAB Dental Systems presented evidence to the Court only one day before the hearing (and failed to comply with the Court’s rules in presenting the material so late in the day). That evidence said the debt was disputed. Although TAB Dental could have taken action much earlier to prevent the petition proceeding, it did not do so, leaving matters to the very last minute.

The District Judge expressed reservations about the lateness of the material, and ordered TAB Dental to pay the costs of the hearing because of that. However, she read the evidence and accepted that there appeared from that evidence to be a dispute, and said that the dispute would be better dealt with by a County Court case (rather than winding-up proceedings). She therefore dismissed the petition, but in doing so, did not rule on the underlying dispute which now must be resolved by further proceedings.

SFD still believes it is owed a total of what is now more than £100,000 by TAB Dental, representing unpaid amounts from the resale of its software, and that the disputes raised by TAB Dental have no merit. It will therefore continue to pursue the sums which it firmly believes are owing to it, and is confident of ultimate success.


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