27 Apr 2007
INSITE DESIGN & DEVELOPMENT LIMITED V JOHN SADLER HC AK CIV2006-404-4528
- Citation
- openlaw-e3f2114c_967c_4257_89dd_b8bfb8e8d20f.pdf
- Court
- High Court
Although the Court accepted the debtor had a triable counterclaim exceeding the judgment debt, the debtor failed to show he could not have set up that counterclaim in the summary judgment proceeding because he did not comply with the payment schedule requirements (s 21) and offered no cogent excuse; therefore s 19(1)(d) relief and inherent jurisdiction relief were not available and the bankruptcy notice was not set aside.