Federal Court of Australia
CAL CEYORDS
Bankruptcy Act 1966 - ss.41(7) and 40(1)(g),. "Affidavit as to Counterclaim, Se:-Off or Cross Demand" alleging a partial set-off or cross-demand against the petitioning creditor, held not an affidavit of tne kind contemplated by the sections; order cf sequestration made
on creditor's petition.
RE: WINIFRED ANNE MADNLALINE BHARRTS EX PARTE: ERNEST HAROING NIL2LANN
SWEENEY J. 19 DECEMBER 1975
IN THE FEDERAL COURT OP AUSTRALIA
GENERAL DIVISION No. P59 of
BANKRUPTCY DISTRICT OF THE STAWIY OF VICTORIA
Re Wins fred Anne Madelain? HARRIS a CVebtor Ex parte: LUrnest Harding NITMANN a Creditor REASONS FOR JUDGMENT
C.A. Sweeney J. Ty December, 1979
The petitioning creditor issued a petition returnable on 23 Cctober 1979 in which it was alleged:
"1. The debtor was at the date of the commission of tne act of bankruptcy specified in paragraph 4 of this petition personall, present in
Australia.
The debtor 1s just'y and indebted to the cruecitor
of $5,023.0€¢ for {a) Ordar obta.red by the Supreme Court
aa in
truly in the sum
the creditor of Victoria
on 31/5/1979 for $4,025.05%;
Order obtained by the creditor the Suprere Court of Victoria 25/6/1979 $447-98¢; and,
Order chtained by the creditor the Supreme Court of Victoria 26/7/1979 for $550-00¢.
an an on
(b)
casa Lox
{c) an in
on
I do not, nor does any person on my behalf, hold any security over the property of the dector, or any part
of 1t for the payment of the amount specified in the last preceding paragraph.
oe 2/
4. The debtor, within six nonths before the presentation of this petition, committed the following act of bankruptcy namely that she failed on or before the 17th day of September,
» 1979, cither to comply with the requirements of a bankruptcy notice served on her on the Virst day of Septemoer, 1979, or to satisfy the Court that she had a countcr clain, set-off or cross demand ecual to or exceeding the sum specificd an paragraph (a) of the bankruptcy notice."
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate