Lyford, Maurice Hodgson v Levit, Joseph [1984] FCA 207

Qs '

CATCHWORDS Bankruptcy - Income of bankrupt - Court's discretion to order payment of income to trustee - Bankrupt a beneficiary of a discretionary trust - Power of advancement in trust deed -

Bankrupt liable-fex, special and non-recurring expenses - Whether

7M.

Court can have regard' to other funds which may be available to

the bankrupt. Bankruptcy Act 1966, s.131 Trustees Act 1962 (W.A.), 3.43.

MAURICE HODGSON LYFORD v JOSEPH LEVIT

W.A. Gll of 1984

CORAM: Bowen C.J., Toohey and Fisher J.J.

19 July 1984 Perth

' 4

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

No. WA Gll of 1984

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA

BETWEEN :

MAURICE HODGSON LYFORD Appellant

AND:

JOSEPH LEVIT

Respondent

ORDER

JUDGES MAKING ORDER: Bowen C.J., Toohey and Fisher J.J. DATE OF ORDER: 1A July 1984 WHERE MADE: Perth

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The order of Rowland J. made on 26 January 1984 be varied with effect on and from the payment falling due

on 26 July 1984 by substituting the sum "$1,250.00" for the sum "$833.33".

e

IN THE FEDERAL COURT OF AUS IA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA Gll of 1984

www ww

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA

BETWEEN : MAURICE HODGSON LYPORD

Appellant AND:

JOSEPH LEVIT

Respondent

CORAM: Bowen C.J., Toohey and Fisher J.J. 19 July 1984

REASONS FOR JUDGMENT

THE COURT: The appellant is the trustee of the bankrupt estate

of the respondent.

On 26 January 1984, in the Supreme Court of Western

Australia, an order was made that from the income of the bankrupt the sum of $833.33 be paid each month to the trustee for the benefit of the bankrupt's creditors. The appellant challenges the adequacy of the amount so ordered to be paid and in this appeal seeks an order that the amount be increased to $1,666.66 a