BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 1 - Preliminary  

SECTION 148   148   MISLEADING CONDUCT BY BANKRUPT  
For the purposes of this Part, a bankrupt is taken to have engaged in misleading conduct in relation to a person in respect of a particular amount (in this section called the relevant amount ) if:


(a) the bankrupt, either alone or jointly with any other person, obtained credit to the extent of the relevant amount from the first-mentioned person without informing that person that he or she was an undischarged bankrupt; or


(b) the bankrupt, either alone or jointly with any other person, obtained goods or services from the first-mentioned person:


(i) by giving a bill of exchange or cheque drawn, or a promissory note made, by the bankrupt, either alone or jointly with another person, being a bill, cheque or note under which the relevant amount is payable; or

(ii) by giving 2 or more such instruments under which the total of the amounts payable is equal to the relevant amount;
without informing the first-mentioned person that he or she was an undischarged bankrupt; or


(c) the bankrupt, either alone or jointly with any other person, entered into a hire-purchase agreement with the first-mentioned person, or entered into an agreement for the leasing or hiring of any goods from the first-mentioned person, being a hire-purchase agreement or agreement for the leasing or hiring of goods under which the total of the amounts payable is equal to the relevant amount, without informing the first-mentioned person that he or she was an undischarged bankrupt; or


(d) the bankrupt, either alone or jointly with any other person, obtained goods or services from the first-mentioned person by promising to pay that person or another person the relevant amount, or amounts the total of which is equal to the relevant amount, without informing the first-mentioned person that he or she was an undischarged bankrupt; or


(e) the bankrupt, either alone or jointly with any other person, obtained the relevant amount, or amounts the total of which is equal to the relevant amount, from the first-mentioned person by promising to supply goods to, or render services for, that person or another person without informing the first-mentioned person that he or she was an undischarged bankrupt; or


(f) the bankrupt carried on business under an assumed name, in the name of another person or, either alone or in partnership, under a firm name and:


(i) in the course of the carrying on of that business the bankrupt, or, if the bankrupt carried on the business in partnership under a firm name, the partnership, dealt with the first-mentioned person; and

(ii) the bankrupt did not inform the first-mentioned person that he or she was an undischarged bankrupt.



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