Guss v Johnstone

Bankruptcy – Bankruptcy notice served on debtor after creditor obtained order for costs - Debtor claimed counter-claim, set-off or cross demand equal to or exceeding amount of order for costs being a counter-claim, set-off or cross demand that he could not have set up in the proceedings in which the order for costs was obtained - Debtor applying to the Court for order setting aside bankruptcy notice - Whether Court satisfied that debtor had such a counter- claim, set-off or cross demand before expiration of time fixed for compliance with requirements of bankruptcy notice.

Bankruptcy – Sequestration order - Appeal against orders of primary judge that Court not satisfied that debtor has a relevant counter-claim, set-off or cross demand - Issues to be determined by appellate court - Utility of appeal.

Bankruptcy Act 1966 (Cth) – ss 40(1)(g), 41(7).