Re Schaw, Raimond (also known as Saw Oo) [1981] FCA 266

CATCHWORDS

Bankruptcy - bankruptcy notice ~ whether affidavit is of kind referred to in ss. 41 (7) and 40 (i) (g) of the Act.

Bankruptcy Act 1966 (Cth.) ss. 40 (i) (g); 41 (7)

RE: RAIMOND SCHAW also known as SAW OO Debtor (Applicant) LOCKHART J.

18 DECEMBER 1981

NO. B 942 OF 1981

AT SYDNEY

aE ae ded dre"

IN THE FEDERAL COURT OF AUSTRALIA

BANKRUPTCY DISTRICT OF THE STATE OF

NEW SOUTH WALES AND THE AUSTRALIAN

) ) ) ) NO. B 942 OF 1981 ) CAPITAL TERRITORY

RE: RAIMOND SCHAW also known as SAW 00

Debtor (Applicant)

REASONS FOR JUDGMENT

LOCKHART J. 18 DECEMBER 1981

On 18 March 1981 a 14 day bankruptcy notice was issued by a Deputy Registrar in Bankruptcy at the request of the Bank of New South Wales (the creditor) directed to Raimond Schaw, also known as Saw Oo (the debtor) claiming that the sum of $72,583.52 was due by the debtor to the creditor under a final judgment obtained by the creditor against the debtor in the Supreme Court of New South Wales on 6 March 1980.

The bankruptcy notice was served upon the debtor on 4 August 1981. On 18 August 1981 the debtor filed an affidavit sworn by him purporting to invoke the provisions of s. 41 (7) of the Bankruptcy Act 1966. The affidavit reads as follows, omitting formal parts:

"1. I am the judgment debtor.

2. I believe I have a cross-claim in relation to the action of the creditor in respect of the breach of the creditor's application to Bovo Investments Pty. Limited ("Bovo")

whilst the creditor was in possession as mortgagee of properties owned by Bovo.

eee /2

3. The amount of the cross-claim, I believe, exceeds the amount of the judgment obtained by the creditor.

4. I wish to avail myself in the Supreme Court's proceedings of the counter-claim which Bovo has against the bank.

5. I have instructed Messrs. J. W. Maund and Kelynack, solicitors, and Mr. V. Bruce barrister to take all steps to institute the necessary proceedings to set aside the judgment and to exercise my right without delay.