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

IN THE FEDERAL COURT OF AUSTRALIA )

) GENERAL DIVISTON ) No. P4 of 1983 ) BANKRUPTCY DISTRICT OF TIM STATE ) No. G287 of 1983 ) OF NEW SOUTH WALES AND THE ) No. G319 of 1983 ) AUSTRALIAN CAPITAL TERRITORY ) BETWEEN: THE DEPUTY COMMISSIONER OF TAXATION AND: PETER LEOPOLD CLYN# AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY AND: WILLLAM EDWARD ANDREW No. W838 of 1983 Re- PETER LBOPOT.D CLYNE Ex parte: WILLIAM EDWARD ANDREW ORDER JUDGE MAKING ORDER Neaves J. DATE OF ORDER: 23 December 1983 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1.

in

The application by the trustee of the estate

£

OL to

of

the bankrupt for leave to make an allowance the bankrupt pursuant to paragraph 135(1)(j)

the Bankruptcy Act 1966 be refused.

The trustee's costs of the application be paid

out of the estate of the bankrupL.

IN THE FEDERAL COURT OF AUSTRALIA )

)

GENERAL DIVISION ) No. P4 of 1983

)

BANKRUPTCY DISTRICT OF TIE STATE ) No. G287 of 1983

No. G319 of 1983

OF NEW SOUTH WALES AND THE

) AUSTRALIAN CAPITAL TERRITORY )

BETWEEN: THE DEPUTY COMMISSIONER or OF TAXATION

AND. PETER LEOPOLD CLYNE AND: THE OFFICIAL TRUSTEE IN ~— BANKRUPTCY

AND: WILLIAM EDWARD ANDREW

No. W838 of 1983

Re. PETER LEOPOLD CLYNE Ex parte: WILLIAM EDWARD ANDREW CORAM: Neaves J. DATE. 23 December 1983

REASONS FOR JUDGMENT

This 1s an application by William Edward Andrew ("the applicant"), the trustee of the estate of Pcter Leopold Clyne (''the bankrupt"), for an order that the applicant be at liberty to make an allowance to the bankrupt

pursuant to paragraph 135(1)(j) of the Bankruptcy Act 1966

to enable payment of certain medical and incidental expenses.

As filed the application sought the leave of the Court in respect of amounts totalling $7,581.86. That amount was subsequently reduced to $3,488.21 itemised

as follows -

Dr. J.F. Martin 175.00

Dr. K.R. Thompson & Associates 359.00