16 Apr 2014
WIKELEY v JACOMB CA836/2013 [2014] NZCA 146
- Citation
- [2014] NZCA 146
- Court
- Court of Appeal
The Court dismissed the appeal because the appellant failed to establish a genuine triable cross claim: the call on shares was the product of an engineered series of events suggestive of bad faith and impropriety and, in any event, the asserted claim lacked the necessary interdependence with the judgment debt to constitute an equitable set-off; therefore the bankruptcy notice could not be set aside under s17.