BANKRUPTCY AND INSOLVENCY - application by former trustee - where sale of real property settled after discharge of bankruptcy - application for declaration that surplus funds from sale of real property vested in trustee - where funds from settlement applied to repayment of primary loan - where balance of funds retained as security for outstanding debt owed by bankrupt in capacity as trustee of investment trust - where bankrupt personally guaranteed loan
CONTRACTS - guarantees - default of debtor - creditor's right to enforce guarantee - whether notice required before creditor entitled to enforce guarantee - right of subrogation - whether right of guarantor to claim subrogation excluded by contract or conduct - where agreement for creditor to hold funds as security
PRACTICE AND PROCEDURE - application to vary costs in order for substituted service - whether personal service impracticable - whether reasonable steps taken to attempt personal service
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