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Frigger v Kitay [2017] FCA 1278

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BANKRUPTCY - application to set aside a bankruptcy notice - whether there was an implied stay of the judgment debt on which the bankruptcy notice was based - whether events giving rise to the judgment debt occurred after the company had gone into liquidation - whether the liability incurred by the debtors could be set-off under s 553C of the Corporations Act 2001 (Cth) - whether the debtors had a counterclaim, set-off or cross demand which exceeded the amount of the judgment debt - whether affidavit evidence was sufficiently probative to permit consideration of the legal and factual merits of the counterclaim, set-off or cross demand.

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