Re Bruce Harry Morrison Ex Parte The Official receiver Trustee of the estate of the bankrupt [1978] FCA 114

Re Bruce Harry Morrison Ex Parte The Official receiver Trustee of the estate of the bankrupt [1978] FCA 114

The application is dismissed because there is insufficient evidence to establish VACC Insurance Co. Limited as a creditor of the bankrupt, no evidence that the payments made post-bankruptcy are income subject to s.131 orders, and no evidence regarding the bankrupt's circumstances to allow the Court to determine whether payment would deprive him of income necessary for maintenance.

Parties
Bankrupt: Bruce Harry Morrison; Trustee/applicant: The Official Receiver; Creditor/respondent: VACC Insurance Co. Limited
Jurisdiction
Australia
Judgment Date
18 April 1978
Procedural Posture
Bankruptcy / Application for Order Under S.131 of Bankruptcy Act 1966
Outcome
application dismissed
Legal Topics
Income of Bankrupt, Payment to Trustee, Compensation, Recognizance Conditions
Bankruptcy Income of Bankrupt Payment to Trustee Compensation Recognizance Conditions

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Parties

Bruce Harry Morrison

Bankrupt

The Official Receiver

Trustee/applicant

VACC Insurance Co. Limited

Creditor/respondent

Procedural Posture

Bankruptcy / Application for Order Under S.131 of Bankruptcy Act 1966

Legal Issues

  1. 1 Whether the Court should order the Clerk of the Peace to pay the bankrupt's post-bankruptcy payments to the trustee under s. 131 of Bankruptcy Act 1966.
  2. 2 Whether VACC Insurance Co. Limited is a creditor of the bankrupt estate.
  3. 3 Whether payments made by the bankrupt to the Clerk of the Peace constitute income subject to s.131 orders.

Ratio Decidendi

The application is dismissed because there is insufficient evidence to establish VACC Insurance Co. Limited as a creditor of the bankrupt, no evidence that the payments made post-bankruptcy are income subject to s.131 orders, and no evidence regarding the bankrupt's circumstances to allow the Court to determine whether payment would deprive him of income necessary for maintenance.

Court Disposition

application dismissed

Orders

  • The Official Receiver to pay the costs of VACC Insurance Co. Limited.
  • The Official Receiver authorised to add his own costs to that amount and retain the total out of the estate.