Catchwords:

BANKRUPTCY AND INSOLVENCY – appeal from dismissal of application to set aside bankruptcy notice on the basis of a cross demand – where appellants alleged claims in tort against respondent Council relating to grant of heritage overlay over property – claims in tort enunciated on general and speculative level – where primary judge dismissed application on the basis that the appellants had failed to establish a prima facie cross demand and it was not just to allow the litigation to proceed before determination of the bankruptcy proceedings – no error in identification of principles – no error in application of principles – appeal dismissed