19 Feb 2008
HARACH V DIA HC WN CIV 2006-485-2245
- Citation
- openlaw-3298a092_b30b_4470_b735_f1467459bd55.pdf
- Court
- High Court
Although the Bankruptcy Notice omitted elements of Form 90, s 11 Insolvency Act 1967 cures those defects because no person was injuriously affected; the debtor failed to establish a counterclaim or set‑off which could not have been set up in the District Court under s 19(1)(d); accordingly the application to set aside the Bankruptcy Notice is dismissed but the notice is stayed for 10 working days to permit payment.