Offical Receiver v. Parker, E.A. [1987] FCA 134

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CATCHWORDS

BANKRUPTCY - application by trustee for greater contribution of bankrupt's income - excess of income over expenditure — whether sufficient provision for future income tax is being

made - whether order sought would create further difficulties

for bankrupt.

Bankruptcy Act 1966 ss.149, 131(2).

Re Saunders, Ex parte Saunders [1895] 2 Q.B. 424. Re Ward, Ex parte Ward [1897] 1 Q.B. 266.

Re ELIZABETH ANN PARKER, EX PARTE: OFFICIAL RECEIVER NO. W185 OF 1986

Jackson J. 27th March 1987 Sydney

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. W185 of 1986 ) NEW SOUTH WALES AND ) ) )

THE AUSTRALIAN CAPITAL TERRITORY

RE: ELIZABETH ANN PARKER

Debtor

EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY

CORAM : JACKSON J. DATE: 27th March 1987 PLACE: Sydney

MINUTES OF ORDER

THE COURT ORDERS THAT:

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l. Pursuant to s.131(2) of the Bankruptcy Act 1966 until further order the sum of $350.00 per month be paid from the income of the bankrupt to the trustee of her estate and that the first such payment be made on 30th April with later such payments being made on or before the last day of each month.

NOTE: Settlement and entry of orders is dealt with in Bankruptcy Rule 124.

LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

NEW SOUTH WALES AND

) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. W185 of 1986 ) ) ) )

THE AUSTRALIAN CAPITAL TERRITORY

RE: ELIZABETH ANN PARKER Debtor EX PARTE: OFFICIAL TRUSTEF IN BANKRUPTCY

CORAM : JACKSON J. DATE: 27th March 1987 PLACE: Sydney

REASONS FOR JUDGMENT

The applicant seeks an order under s.131(2) of the

Bankruptcy Act 1966 that the bankrupt pay to the trustee

$700.00 per month out of her income.

This is the bankrupt's second bankruptcy, the first having commenced on 12th October 1978, when a sequestration