Jaffee, Re G.M. Prentice, Ex parte M. W. [1988] FCA 315

Jaffee, Re G.M. Prentice, Ex parte M. W. [1988] FCA 315

On the evidence, the whole of Mr Jaffee's present net income is reasonably necessary to meet his living expenses that are not defrayed by his wife. The trustee did not satisfy the Court that it would be appropriate to exercise its discretion to order payment of any part of the bankrupt's income under s. 131.

Parties
Bankrupt: Gerald Marcus Jaffee; Trustee/applicant: Maxwell William Prentice
Jurisdiction
Australia
Judgment Date
06 June 1988
Procedural Posture
Bankruptcy Application / Final Judgment
Outcome
application dismissed
Legal Topics
Income of Bankrupt, S. 131 Bankruptcy Act 1966, Trustee's Application for Payment of Income
Bankruptcy Income of Bankrupt S. 131 Bankruptcy Act 1966 Trustee's Application for Payment of Income

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Parties

Gerald Marcus Jaffee

Bankrupt

Maxwell William Prentice

Trustee/applicant

Procedural Posture

Bankruptcy Application / Final Judgment

Legal Issues

  1. 1 Whether the whole or part of the bankrupt's income should be paid to the trustee under s. 131 Bankruptcy Act 1966
  2. 2 Whether the bankrupt's present income is reasonably necessary for his support

Ratio Decidendi

On the evidence, the whole of Mr Jaffee's present net income is reasonably necessary to meet his living expenses that are not defrayed by his wife. The trustee did not satisfy the Court that it would be appropriate to exercise its discretion to order payment of any part of the bankrupt's income under s. 131.

Court Disposition

application dismissed

Orders

  • The application be dismissed.