Low; ex parte The Official Receiver in Bankruptcy

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/ . JUDGMENT Y K woe at 14 +?

BY LOCKHART J. . NSW 302 of 1978

Re RAYMOND LYELL Low

ex parte The Official Receiver in. Bankruptcy

s

.

This is an application made by the Official Receiver for a declaration that Raymond Lyell Low became

bankrupt on 2 May 1978 by force of section 55 of the

Bankruptcy Act 1966 ("the Act") following the

presentation on 2 May 1978 of his own petition. On 2 May 1978 Mr. Low in fact presented a document

Gescribed as a debtor's petition, to the Registrar which

"conforms with the usual requirements of a debtor's

petition save that it was not-signed by him nor was it dated. The petition bears a notation in the usual space provided at the foot thereof that it was presented on

2 May 1978 and accepted that day at 2. 55 o'clock in the afternoon. It is signed by a deputy registrar, Jenkin Griffith Thomas.

(Continued on page 2)

Ls/vMD/1b a 31/7/79 |

LOW | ) , | . A

On the same day, and at the same time, the presentation of the petition was accompanied by a document described as, "Affidavit Verifying Statement of Affairs" and . a document described as, "Statement of Affairs", In fact, the two are in truth part and parcel of the one document. The affidavit verifying the statement of affairs was not signed or sworn by Mr. Low. The statement of affairs was in fact made out in Mr. Low's handwriting to a large degree but there is evidence before me that it bears certair other handwriting which is immaterial to the application before me. The handwriting which appears on the document described as, "Debtor's Petition" is in most respects in Mr. Low's handwriting. |

The registrar, upon the presentation of the petition accompanied by the statement of affairs together with the document described as "Affidavit Verifying Statement of Affairs", considered. the document and, I am 'satisfied on the evidence, reached the conclusion that they appeared to him to be in accordance with the prescribed form. The prescribed forms are form 9 in the case of a debtor's petition and form 11 in the case of a statement of affairs. Form 10 is the form of affidavit verifying a statement of affairs. The relevant rule is rule24, Being satisfied ' with the petition and the statement of affairs, the registr accepted those documents and then endorsed the petition in