Federal Court of Australia
CATCHWORDS
BANKRUPTCY - Debtor incorrectly named - affidavit verifying certain paragraphs of petition defective - matters not within solicitor's personal knowledge - misdescription cured by s.306(1)
Bankruptcy Act 1966 - affidavit verifying petition "will necessarily be one of information and belief".
Bankruptcy Act 1966, s.306(1), s.47(1)(b). Bankruptcy Rules, Rule 12(3)(b).
Re Wimborne; Ex parte The Debtor (1979) 24 A.L.R. 494 Clyne v. Deputy Commissioner of Taxation (1982) 42 A.L.R. 703.
RE: TREVOR PETER McSWINEY; EX PARTE MARK SIDNEY DAVIES
No. P1611 of 1986
Beaumont, J. Sydney 24 November 1986
aA
GENERAL DIVISION BANKRUPTCY DISTRICT OF NEW SOUTH WALES
IN THE FEDERAL COURT OF AUSTRALIA
ee ee ee we
AND THE AUSTRALIAN CAPITAL TERRITORY)
RE: TREVOR PETER McCSWINEY EX PARTE: MARK SIDNEY DAVIES
MINUTES OF ORDER
Judge making order: Beaumont, J.
Date order made: 24 November 1986 Where made: Sydney THE COURT ORDERS THAT:
1. The petition stand over to 1 December 1986.
2. Costs be reserved.
Note: Settlement and entry of orders is dealt with in Bankruptcy Rule 124.
No. P1611 of 1986
"*
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF NEW SOUTH WALES No. P1611 of 1986
AND THE AUSTRALIAN CAPITAL TERRITORY)
RE: TREVOR PETER MCSWINEY EX PARTE: MARK SIDNEY DAVIES
CORAM: Beaumont, J.
DATED: 24 November 1986
REASONS FOR JUDGMENT
This is a petition by a judgment creditor, Mark Sidney Davies, seeking to sequestrate the estate of his debtor, Trevor Peter McSwiney. The petition is opposed by the debtor on two
grounds: (1) the debtor was incorrectly named in the bankruptcy
notice - he was there described as "Trevor John McSwiney"; (2)
the affidavit verifying paras. 1, 2 and 3 of the petition, sworn by the petitioner's solicitor, was defective because the matters there deposed to were not within the solicitor's personal
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