26 May 2008
SAKER V BLACKLER HC WN CIV 2008-485-000124
- Citation
- openlaw-9cd3fb8e_9cdd_4d48_8cc0_fde8ff948d6d.pdf
- Court
- High Court
The debtor's pleading fails to establish a prima facie triable cross-claim under s17 because it lacks particularisation of the creditor's alleged inducement to procure breach; accordingly the application to set aside the bankruptcy notice cannot be granted at this stage and is adjourned to permit the debtor to file an amended, particularised statement of claim and for a telephone conference to assess whether a genuine triable cross-claim is identified.