18 Jul 2012
RE TAM MEI KAM
- Citation
- RE TAM MEI KAM
- Court
- Court of First Instance
- Case number
- HCB3777/2011
Maintenance payments under an order of the Inheritance (Provision for Family and Dependants) Ordinance are personal rights analogous to matrimonial maintenance and do not form part of the bankrupt's estate; they may nevertheless be treated as "income" under section 43E and can only be claimed for the estate by an application for an income payments order; accordingly the Official Receiver was not entitled to retain payments received under the maintenance order and those payments (less statutory allowances already made) must be paid to the Bankrupt until a s43E application is made.