Bryant, Joseph Richard v Commonwealth Bank of Australia [1995] FCA 971

CATCHWORDS BANKRUPTCY - appeal by unrepresented litigant seeking to set aside sequestration order and have creditor's petition dismissed - position of a petitioning secured creditor under s.44(2) of the Bankruptcy Act - petitioning secured creditor, acting in good faith, may estimate the value of its security in its petition - estimate "must bear a close relationship to the realities of the matter and not be arbitrary or capricious". BANKRUPTCY - service of creditor's petition in precincts of court - whether valid service. BANKRUPTCY - failure to file affidavit verifying petition as required by s.47(1) of the Bankruptcy Act when petition filed (Rule 12(3)(b)) does not render filing of petition a nullity - petition may be verified by other evidence on point which establishes requisite facts. BANKRUPTCY - creditor's petition - amendment - s.44(1)(c) of the Bankruptcy Act - available act of bankruptcy must have occurred "within 6 months before presentation of the petition" - whether time limit applies to amendment to date of bankruptcy stated in petition - altered date within the prescribed period - amendment a matter of form, not substance. PRACTICE AND PROCEDURE - unrepresented litigant - whether Judge acted fairly. Bankruptcy Act 1966, ss.44(2), 47(1)(b), Rule 12(3)(b) Cases Considered: Position of Secured Petitioning Creditor, s.44(2): Re Wiggins; Ex parte Credit Assistance Pty Ltd (1979) 36 FLR 182 Re O'Leary; Ex parte Bayne (1985) 61 ALR 674 Re Vassis; Ex parte Leung (1986) 9 FCR 518 Verification of Creditor's Petition Re a Debtor (No. 7 of 1910) [1910] 2 KB 59 Daly v Watson (1994) 50 FCR 544 Amendment of Petition Re Hastings [1985] 1 WLR 969 JOSEPH RICHARD BRYANT v COMMONWEALTH BANK OF AUSTRALIA No. NG 223 of 1995 Coram:Beaumont, Whitlam and Moore JJ Place: Sydney Date: 24 November 1995