Payne, Re N.R. & Ors Hurst, Ex Parte K.B. & Anor [1986] FCA 439

Payne, Re N.R. & Ors Hurst, Ex Parte K.B. & Anor [1986] FCA 439

There was sufficient evidence that Mr. Hurst suffered a compensable accident resulting in a continuing incapacity, entitling him to compensation under the Workers' Compensation and Assistance Act 1981, and thus a provable debt that should be admitted to proof.

Parties
Applicant: Kim Brevis Hurst; Respondent: Maurice Alexander Levi; Debtor: Neville Ross Payne; Debtor: Stuart David Payne; Debtor: Michael Ross Payne; Debtor: Alan John Payne
Jurisdiction
Australia
Judgment Date
23 September 1986
Procedural Posture
Bankruptcy Application to Review Trustee's Decision / Application Under S.104 to Review Rejection of Proof of Debt
Outcome
Trustee's decision reversed. Trustee directed to admit the proof of debt for compensation due to the applicant under the Act.
Legal Topics
Review of Trustee’s Decision, Provable Debt, Workers' Compensation Claim
Bankruptcy Workers' Compensation Review of Trustee’s Decision Provable Debt Workers' Compensation Claim

Case Brief

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Parties

Kim Brevis Hurst

Applicant

Maurice Alexander Levi

Respondent

Neville Ross Payne

Debtor

Stuart David Payne

Debtor

Michael Ross Payne

Debtor

Alan John Payne

Debtor

Procedural Posture

Bankruptcy Application to Review Trustee's Decision / Application Under S.104 to Review Rejection of Proof of Debt

Legal Issues

  1. 1 Whether there was sufficient evidence of a compensable accident resulting in an entitlement to compensation under the Workers' Compensation and Assistance Act 1981 for the proof of debt to be admitted

Ratio Decidendi

There was sufficient evidence that Mr. Hurst suffered a compensable accident resulting in a continuing incapacity, entitling him to compensation under the Workers' Compensation and Assistance Act 1981, and thus a provable debt that should be admitted to proof.

Court Disposition

Trustee's decision reversed. Trustee directed to admit the proof of debt for compensation due to the applicant under the Act.

Orders

  • The respondent admit to proof the debt due by Neville Ross Payne, Stuart David Payne, Michael Ross Payne and Alan John Payne, or any of them by reason of their liability to pay compensation to the applicant under the provisions of the Workers' Compensation and Assistance Act 1981.