Federal Court of Australia
Bankruptcy - creditors petition - form of affidavit verifying
petition
Evidence - affidavit - hearsav - whether statement in affidavit in support of creditor's petition admissible under s.7E of Evidence
Act
Bankruptcy Act 1966 s.52(1) Income Tax Assessment Act 1936 ss.8, 13 Evidence Act 1905 ss.7A,. 7E, 7F, 73
RE: CEDRIC RIGGS - Debtor
EX PARTE: THE DEPUTY COMMISSIONER OF TAXATION FOR THE STATE OF WESTERN AUSTRALIA ~- Creditor
No. P574 of 1985
TOOHEY J. PERTH 14 JANUARY 1986
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. P574 of 1985
~~ wewwnw
RE: CEDRIC RIGGS
Debtor
EX PARTE: THE DEPUTY COMMISSIONER OF TAXATION FOR THE STATE OF WESTERN AUSTRALIA
Creditor MINUTE OF ORDER JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER: 14 January 1986 WHERE MADE: Perth THE COURT ORDERS THAT: l. There be a sequestration order aqainst the estate of the
debtor, Cedric Riggs.
2. The debtor pay the petitioning creditor's costs, to be taxed
and paid in accordance with the Act.
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT
) OF AUSTRALIA ) GENERAL DIVISION ) No. P574 of 1985 ) ) )
BANKRUPTCY DISTRICT OF THE STATE OF
WESTERN AUSTRALIA
RE: CEDRIC RIGGS Debtor EX PARTE: THE DEPUTY COMMISSIONER
OF TAXATION FOR THE STATE OF WESTERN AUSTRALIA
Creditor
TOOHEY Jd.
14 January 1986
REASONS FOR JUDGMENT
This is a petition for sequestration; the act of bankruptcy alleged is failure to comply with a bankruptcy notice.
The affidavit verifying the petition has given rise to a question which is of some importance to those concerned in the preparation
and presentation of petitions.
The petitioning creditor is the Deputy Commissioner of Taxation for the State of Western Australia. The practice hitherto has been for the person holdina that office to swear affidavits verifving bankruptcy petitions lodqged on his behalf. However, for administrative reasons, the Deputy Commissioner seeks to alter that practice. Hence the affidavit verifying petition in the present case has been sworn by Sheila Rajan, an
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