Catchwords:

BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or caveat sufficed to prove that issuing of bankruptcy notice was an abuse of process – whether primary judge erred by not finding bankruptcy notice issued for ulterior purpose – whether primary judge erred by inferring freezing order might have been varied by agreement – whether primary judge erred by not providing proper reasons for not inferring existence of improper purpose in issuing bankruptcy notice – appeal dismissed.

PRACTICE AND PROCEDURE – interlocutory application to adduce further evidence on appeal – where respondent seeks to adduce evidence of court orders to refute argument not raised by the appellant before primary judge – where appeal foredoomed to failure regardless of whether further evidence is admitted – application dismissed.