1 Dec 2009
FINNIGAN AND WHITTFIELD V HE, HE AND HE HC AK CIV-2009-404-000753
- Citation
- openlaw-6c6e1cd3_67cf_4c17_8ef8_0c2a14030c8e.pdf
- Court
- High Court
The mutual claims between the company and respondents satisfied s310(1); the damages for breach of covenant accrued from the contract formation (outside the specified period) and the conversion damages did not constitute a 'transaction' giving credit within s310(2); therefore s310(2) did not exclude set-off and bankruptcy set-off operated automatically to extinguish the set-off portion.