Deputy Commissioner of Taxation Clyne, Peter Leopold & Ors [1983] FCA 407

Deputy Commissioner of Taxation Clyne, Peter Leopold & Ors [1983] FCA 407

The material before the Court did not satisfy it that leave should be granted to the trustee to make the requested allowance from the bankrupt estate for payment of the specified expenses. Leave was accordingly refused.

Parties
Creditor: The Deputy Commissioner of Taxation; Bankrupt: Peter Leopold Clyne; Trustee: The Official Trustee in Bankruptcy; Applicant Trustee: William Edward Andrew
Jurisdiction
Australia
Judgment Date
23 December 1983
Procedural Posture
Bankruptcy / Application for Leave Under Bankruptcy Act 1966 S135(1)(j)
Outcome
Application refused
Legal Topics
Leave for Allowance to Bankrupt, Medical Expenses Payment From Bankrupt Estate
Bankruptcy Leave for Allowance to Bankrupt Medical Expenses Payment From Bankrupt Estate

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Parties

The Deputy Commissioner of Taxation

Creditor

Peter Leopold Clyne

Bankrupt

The Official Trustee in Bankruptcy

Trustee

William Edward Andrew

Applicant Trustee

Procedural Posture

Bankruptcy / Application for Leave Under Bankruptcy Act 1966 S135(1)(j)

Legal Issues

  1. 1 Whether leave should be granted to the trustee to make an allowance out of the bankrupt estate for the payment of medical and incidental expenses under s135(1)(j) Bankruptcy Act 1966

Ratio Decidendi

The material before the Court did not satisfy it that leave should be granted to the trustee to make the requested allowance from the bankrupt estate for payment of the specified expenses. Leave was accordingly refused.

Court Disposition

Application refused

Orders

  • The application by the trustee of the estate of the bankrupt for leave to make an allowance to the bankrupt pursuant to paragraph 135(1)(j) of the Bankruptcy Act 1966 be refused.
  • The trustee's costs of the application be paid out of the estate of the bankrupt.