Contents (1970 - 01)Skip to content
Supreme Court Rules 1970
Current version for 8 December 2017 to date (accessed 21 April 2019 at 16:33)
16 Form of affidavit in support of an application to wind up relying on failure to comply with statutory demand (s 459Q (c))
(1) An affidavit referred to in section 459Q (c) must:(a) be in accordance with the prescribed form,(b) subject to subrule (2), be made by the plaintiff or, where there is more than one plaintiff, by one of them,(c) set out the facts entitling the deponent under paragraph (b) to make the affidavit,(d) state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,(e) state that the deponent believes those matters to be true, and(f) state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.(2) In the case of a plaintiff which is:(a) a corporation—an affidavit by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation is taken to be an affidavit by the plaintiff,(b) the Crown—an affidavit by an officer of the Crown having knowledge of the facts so far as they are known to the Crown is taken to be an affidavit by the plaintiff, and(c) a company to which a liquidator or provisional liquidator has been appointed—an affidavit by the liquidator or provisional liquidator is taken to be an affidavit by the plaintiff.(3) In subrule (2), Crown includes not only the Crown in right of New South Wales but also the Crown in any other capacity.