Stuart-Robertson v Lloyd [1932] HCA 33

Stuart-Robertson v Lloyd [1932] HCA 33

A State parliamentary allowance, being paid regularly and not contingent on actual expenses, constitutes 'income' under s. 101 of the Bankruptcy Act 1924-1930. In the absence of any State Act making such an allowance expressly inalienable or exempt from attachment or charge, it is subject to the bankruptcy jurisdiction to direct payment to creditors. The Commonwealth Parliament's power over bankruptcy extends to such subject-matter, and the discretion of the Court was lawfully exercised.

Parties
Appellant: Stuart-Robertson; Respondent: Lloyd
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From the Court of Bankruptcy
Outcome
Appeal dismissed
Legal Topics
State Parliamentary Allowances, Income in Bankruptcy, Appropriation for Benefit of Creditors, Statutory Interpretation of Bankruptcy Act
Constitutional Law Bankruptcy Law State Parliamentary Allowances Income in Bankruptcy Appropriation for Benefit of Creditors Statutory Interpretation of Bankruptcy Act

Case Brief

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Parties

Stuart-Robertson

Appellant

Lloyd

Respondent

Procedural Posture

Appeal / High Court Appeal From the Court of Bankruptcy

Legal Issues

  1. 1 Whether a parliamentary allowance payable to a State legislator is subject to attachment and distribution amongst creditors under section 101 of the Bankruptcy Act 1924-1930.
  2. 2 Whether section 101 of the Bankruptcy Act was a valid exercise of Commonwealth legislative power with respect to bankruptcy, as applied to State parliamentary allowances.
  3. 3 Whether the proviso to section 101 of the Bankruptcy Act exempts such allowances, by reason of any State Act or public policy.

Ratio Decidendi

A State parliamentary allowance, being paid regularly and not contingent on actual expenses, constitutes 'income' under s. 101 of the Bankruptcy Act 1924-1930. In the absence of any State Act making such an allowance expressly inalienable or exempt from attachment or charge, it is subject to the bankruptcy jurisdiction to direct payment to creditors. The Commonwealth Parliament's power over bankruptcy extends to such subject-matter, and the discretion of the Court was lawfully exercised.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.