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

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

The debtor’s affidavit merely asserts a belief in a cross-claim without providing any outline of the facts; it does not satisfy the requirements for an affidavit under ss. 41(7) and 40(i)(g) of the Bankruptcy Act 1966.

Parties
Debtor (applicant): Raimond Schaw also known as Saw Oo; Creditor: Bank of New South Wales
Jurisdiction
Australia
Judgment Date
18 December 1981
Procedural Posture
Bankruptcy / Consideration of Affidavit Under S. 41(7) and S. 40(i)(g) of the Bankruptcy Act 1966
Outcome
Affidavit declared not to be of the kind referred to in ss. 41(7) and 40(i)(g) of the Bankruptcy Act 1966; costs reserved.
Legal Topics
Affidavit Requirements Under Bankruptcy Act, Bankruptcy Notice Validity, Cross Claim Against Creditor
Bankruptcy Affidavit Requirements Under Bankruptcy Act Bankruptcy Notice Validity Cross Claim Against Creditor

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Parties

Raimond Schaw also known as Saw Oo

Debtor (applicant)

Bank of New South Wales

Creditor

Procedural Posture

Bankruptcy / Consideration of Affidavit Under S. 41(7) and S. 40(i)(g) of the Bankruptcy Act 1966

Legal Issues

  1. 1 Whether the affidavit filed by the debtor complies with the requirements of ss. 41(7) and 40(i)(g) of the Bankruptcy Act 1966
  2. 2 Whether the outlined cross-claim is of the kind that could prevent an act of bankruptcy
  3. 3 Whether the bankruptcy notice was valid

Ratio Decidendi

The debtor’s affidavit merely asserts a belief in a cross-claim without providing any outline of the facts; it does not satisfy the requirements for an affidavit under ss. 41(7) and 40(i)(g) of the Bankruptcy Act 1966.

Court Disposition

Affidavit declared not to be of the kind referred to in ss. 41(7) and 40(i)(g) of the Bankruptcy Act 1966; costs reserved.

Orders

  • The affidavit of Raimond Schaw sworn on 18 August 1981 is declared not to be an affidavit of the kind referred to in section 41(7) and section 40(i)(g) of the Bankruptcy Act 1966.
  • Costs of both parties are reserved.