Offical Receiver v. Parker, E.A. [1987] FCA 134

Offical Receiver v. Parker, E.A. [1987] FCA 134

The Court found the bankrupt's income exceeded her claimed expenses and determined she could contribute more than $100 per month, but less than the $700 sought, balancing her obligations with the risk of undue hardship and insufficient tax provision.

Parties
Bankrupt: Elizabeth Ann Parker; Applicant/trustee: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
27 March 1987
Procedural Posture
Bankruptcy Application / Application for Contribution Order
Outcome
Order for contribution granted at reduced amount
Legal Topics
Contribution From Income, Assessment of Income and Expenditure, Provision for Income Tax
Bankruptcy Contribution From Income Assessment of Income and Expenditure Provision for Income Tax

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Parties

Elizabeth Ann Parker

Bankrupt

Official Trustee in Bankruptcy

Applicant/trustee

Procedural Posture

Bankruptcy Application / Application for Contribution Order

Legal Issues

  1. 1 Whether the bankrupt should be ordered to contribute more income to the estate
  2. 2 Whether sufficient provision for future income tax is being made by the bankrupt
  3. 3 Whether the amount sought would cause undue hardship to the bankrupt

Ratio Decidendi

The Court found the bankrupt's income exceeded her claimed expenses and determined she could contribute more than $100 per month, but less than the $700 sought, balancing her obligations with the risk of undue hardship and insufficient tax provision.

Court Disposition

Order for contribution granted at reduced amount

Orders

  • Pursuant to s.131(2) of the Bankruptcy Act 1966, until further order the sum of $350.00 per month be paid from the income of the bankrupt to the trustee of her estate, the first such payment being due 30th April 1987, with further payments on or before the last day of each month.