JUDGMENT

Edgar Joseph Jr J:

In these bankruptcy proceedings the creditor's petition was dated 10 November 1989, but the affidavit verifying the creditor's petition was affirmed to on 9 November 1989 (the affidavit) that is to say, one day before the date of the creditor's petition. The Bankruptcy Act 1967, by s. 6 and the Bankruptcy Rules 1969, by r. 106 require that the creditor's petition must be verified by an affidavit as to the truth of the contents thereof. Counsel for the judgment debtor has therefore sought to impugn the bankruptcy petition on this ground.

It would appear that the validity of the creditor's petition depends on there being filed in Court an affidavit verifying the truth of the allegations therein. So, for example, the case of Anon [1861] 5 LT 527 is authority for the proposition that every petition for adjudication of bankruptcy must be accompanied with an affidavit verifying the allegations therein or it would not be received.

Furthermore, the Procedural Tables No. 6 of Atkin's Court Forms on Bankruptcy and Insolvency (2nd Edn., Vol. 7, 1988 Issue) Step No. 7 pp. 119, 120 reinforce that view.

There are also general considerations which supported the content