Description of debts provable in bankrupDescription of debts provable in bankruptcy.

### Description of debts provable in bankruptcy. E.B.A., s. 30. N.S.W., s. 45. Vic., s. 187. Q., ss. 140–1. S.A., ss. 195– 198, 211–213. W.A., s. 35. Tas., s. 30. 81.—(1.) All debts and liabilities, present or future, certain or contingent, to which the bankrupt is subject at the date of the sequestration order, or to which he may become subject before his discharge by reason of any obligation incurred before the date of the sequestration order, shall be deemed to be debts provable in bankruptcy: Provided however that demands in the nature of unliquidated damages arising otherwise than by reason of a contract, promise, or breach of trust, shall not be provable in bankruptcy. (2.) The trustee shall make an estimate of the value of any debt or liability so provable, which by reason of its being subject to any contingency, or for any other reason, does not bear a certain value. (3.) Any person aggrieved by any estimate so made by the trustee may appeal to the Court. (4.) If the Court finds that the value of the debt or liability cannot be fairly estimated, the debt or liability shall be deemed not to be a debt provable in bankruptcy. (5.) If the Court finds that the value of the debt or liability can be fairly estimated, the Court may direct the value to be assessed, before the Court itself without a jury, and the amount of the value when assessed shall be deemed to be a debt provable in bankruptcy. (6.) “Liability” for the purposes of this section includes— (a) any compensation for work or labour done; (b) any obligation or possibility of an obligation to pay money or money’s worth on the breach of any express or implied covenant, contract, agreement, or undertaking, whether or not the breach occurs, or is likely to occur or is capable of occurring, before the discharge of the bankrupt; and (c) generally any express or implied engagement, agreement, or undertaking, to pay, or capable of resulting in the payment of money, or money’s worth, whether the payment is— (i) as respects amount—fixed or unliquidated; (ii) as respects time—present or future, certain or dependent on any contingency; or (iii) as to mode of valuation—capable of being ascertained by fixed rules, or as matter of opinion.