Federal Court of Australia
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BANKRUPTCY - Set off - A guafantor's liability arose under the guarantee before the date.of winding up of the principal debtor - Payment by guarantor after winding up - whether
guarantor may set off payment against principal debtor.
Bankruptcy - Set off - Whether Statutes of Set off (2 Geo. IL C.22 s.13 and 8 Geo. II C.24 s.5) supplanted by Bankruptcy Act 1966 (Cth) S 86.
Bankruptcy Act 1966 (Cth) 8.86.
DAY & DENT CONSTRUCTIONS PTY.LTD. (In liquidation) v. NORTH AUSTRALIAN PROPERTIES PTY. LTD. (Provisional Liquidator Appointed)
No. N.T.G. 2 of 1980
Coram: Forster, McGregor and Sheppard JJ. Wednesday 18 February 1981
At Darwin.
é
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION
No. N.T.G. 2 of 1980
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: DAY & DENT CONSTRUCTIONS PTY. LTD. (In Liquidation)
Appellant - and -
NORTH AUSTRALIAN PROPERTIES
PTY. LTD. (Provisional Liquidator Appointed)
Respondent
ORDER JUDGES MAKING ORDER: Forster, McGregor and Sheppard JJ. DATE OF ORDER: 18 February 1981 WHERE MADE: Darwin In Matter No. N.T.G.2 of 1980
The Court orders that the appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
THE NORTHERN TERRITORY
) ) No. NIG 2 of 1980 OF AUSTRALIA REGISTRY a; )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALI-.
BETWEEN DAY & DENT CONSTRUCTIONS PTY. LTD. (IN LIQUIDATION) Appellant AND : NORTH AUSTRALIAN
PROPERTIES PTY LTD
(PROVISIONAL LIQUIDATOR
APPOINTED) | Respondent CORAM: FORSTER, MCGREGOR and SHEPPARD JJ. FORSTER J. 17 Februarv, 1981
REASONS FOR JUDGMENT
In this matter the learned trial judge made certain findings of fact which were not disputed and
it will be convenient to set them out.
"1. 29 November 1974 the plaintiff transferred to the defendant its right, title and interest in Portion 1662 Hundred of Bagot, subject to existing mortgages, including a second mortgage to Esanda.
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