New South Wales Consolidated Regulations

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SUPREME COURT RULES 1970 - SECT 80.1B

Corporations Law: affidavit (s 459E (3))

80.1B Corporations Law: affidavit (s 459E (3))

An affidavit referred to in Section 459E (3) of the Corporations Law must--

(a) be made--
(i) by the person serving the demand,
(ii) where the demand is served by more than one person--by one of those persons,
(iii) where the, or a, person serving the demand is a corporation--by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or
(iv) where the person serving the demand is the Crown--by an officer of the Crown having knowledge of the facts so far as they are known to the Crown,
(b) set out the facts entitling the deponent under paragraph (a) to make the affidavit,
(c) state the source of the deponent's knowledge of the matters stated in the affidavit concerning the debt or debts,
(d) state that the deponent believes those matters to be true, and
(e) 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.



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