7 Dec 2012
SPURR V CRT FUEL LIMITED HC TIM CIV-2012-476-000237
- Citation
- openlaw-773fb180_fed0_4e9d_a8c4_2da0b838ff5d.pdf
- Court
- High Court
The contractual no set-off/no cross-claim clause (clause 39) precluded the debtor from using the asserted cross claims as a defence to the summary judgment and therefore he could not satisfy s17(1)(d)(ii) of the Insolvency Act 2006; authority in Laywood and Browns Real Estate confirms that clear contractual no set-off provisions will normally oust reliance on cross claims in the context of bankruptcy notices and statutory demands, and the application to set aside the bankruptcy notice was therefore dismissed.