||All England Reporter
|| All ER (D) 53 (Jan)
||Gary Blaker (instructed by Harvey Chappell) for the respondent.
|| The appellant appeared in person.
||15 January 2002
Bankruptcy - Proof - Set-off - Respondent granting appellant lease of premises - Appellant subsequently made bankrupt following respondent's judgment debt based on arrears of debt - Appellant claiming loss as result of respondent's breach of agreement to repair roof of premises - Appellant seeking to set-off damages for respondent's breach against judgment debt - Whether appellant's claim for damages justified - Whether set-off should be permitted.
In deciding whether an appellant could set-off a claim for damages against a judgment debt on which a bankruptcy petition was based, the court had to consider the circumstances surrounding the appellant's appeal. In the instant case, having regard to all the circumstances surrounding the appellant's appeal, the court could not be persuaded that the appellant's claim could be set-off against the judgment debt in the bankruptcy petition, and permission to appeal out of time against the bankruptcy order would be refused.
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