CTHRepealedAct
Bankruptcy Act 1924
Mutual credit and set-off.Mutual credit and set-off.
Start here
Get a plain-English read of Mutual credit and set-off.
Turn the raw legal text into a practical explanation grounded in Bankruptcy Act 1924.
### Mutual credit and set-off.
E.B.A., s. 31.
N.S.W., s. 46.
Vic., s. 193.
S.A., s. 204.
W.A., s. 36.
Q., s. 150.
Tas., s. 38.
82. Where there have been mutual credits, mutual debts, or other mutual dealings between a bankrupt and any person proving or claiming to prove a debt in the bankruptcy, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively:
Provided that no person shall be entitled under this section to claim the benefit of any set-off against the property of a debtor in any case where he had, at the time of giving credit to the debtor or at the time of receiving credit from the debtor, notice of an available act of bankruptcy.