Deputy Commissioner of Taxation v Clyne, Peter Leopold

[1983] FCA 286

IN THE FEDERAL COURT	OF AUSTRALIA )
GENERAL DIVISION

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BANKRUPTCY DISTRICT OF THE STATE )

) No. P4 of 1983

OF NEW SOUTH WALES AND THE	)	No. G287 of 1983
1	No. G319 of 1983
AUSTRALIAN CAPITAL TERRITORY	)

BETWEEN	THE DEPUTY COMKISSIONER OF TAXATION Applicant
-	AND	PETER LEOPOLD CLYNE
Respondent
AND
-	THE OFFICIAL TRUSTEE IN BANKRUPTCY
AND
-	WILLIAM EDWARD ANDREW

No. W838 of 1983

-	RE:	PETER LEOPOLD CLYNE
EX PARTE:	WILLIAM EDWARD ANDREW

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ORDER

Judge making order:	Beaumont, J.
Date of order:	19 October, 1983.
Where made:	Sydney.
THE COURT ORDERS

1. That the appeals by the Deputy Commissioner of

Taxation and the bankrupt in these matters be expedlted and

that the preparatlon of appeal books be dispensed with.

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2. That orders 1, 2 , 3, 4 , 5 , 6 , 7, 8 and 9 made by

Neaves, J. on 17 August, 1983 in proceedings No.	P4 of 1983
be discharged.

3. That orders 10, 12, 13 and 14 made by Neaves, J. on

17 August, 1983	In the said proceedings be continued untll
further order.

4 . That order 11 made by Neaves, J. on 17 August, 1983

in the said proceedings be varied by substituting "this Court"

for "the Official Trustee in Bankruptcy" and that such order

as varied be continued until further order.

5. That orders 2, 3 , 4 , 5, 6, 7 and 8 made by Neaves, J

on 2 September, 1983 in the said proceedlngs be discharged.

6. That order 1 made by Neaves, J. on 2 September, 1983

In the said proceedings be varied by substltuting "William

Edward Andrew as trustee of the bankrupt estate of Peter

Leopold Clyne" for "the applicant" in paragraph (c) thereof

and that such order as varied be continued until further order.

7. That orders 1, 2 and 3 made by Beaumont, J. on

26 September, 1983 in the said proceedlngs be discharged.

8. That the Officlal Trustee in Bankruptcy pay o r

deliver to William Edward Andrew, as trustee of the estate of

the bankrupt, all moneys, books and records held by him pursuant

to the orders made by Neaves, J. herein, to be held by t?illiam

Edward Andrew to abide the further order of the Court.

9. That upon the bankrupt undertaking to the Court until

further order that he will not use the same for any purpose

except for busmess purposes, direct that Willlam Edward

--..

Andrew deliver to the bankrupt the airline credit cards	of the
bankrupt now held by him.

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10. That until further order the bankrupt pay on or before

the Tuesday of each week to the trustee 2 5 % of the gross income

of the bankrupt during the seven days ending on the Friday before

the date such payment is to be made.

11. That until further order the bankrupt deposit ln an

account in his name for the credit of that account all moneys,

cheques, negotiable instruments and other documents and instru-

ments representing money received by the bankrupt on or after

the date of this order in respect of advice given or servlces

performed by the bankrupt (whether before or after the date of

this order) ln or in connection with his activities as a con- sultant on legal, taxation or financlal matters or in respect

of any other business activities carried on by him (whether

before or after the date of this order) or by way of advances

or royalties in respect of books written or to be written by

the bankrupt.

12. That until further order the bankrupt take all nec-

essary steps to ensure that all moneys, cheques, negotiable in-

struments and other documents and instruments representing money

received by any person or company on or after the date of this

order in respect of advlce glven or servlces performed by the

bankrupt (whether before or after the date of this order) in or

in connectlon with his activities as a consultant on legal, taxation

or flnancial matters or in respect of any other business activ-

ities carried on by him (whether before or after the date of

this order) or by way of advances or royalties in respect of

books written or to be wrltten by the bankrupt are deposited

with the said bank for the credit of the sald account.

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13. That the bankrupt open the account referred to in

order 11 with a trading bank carrying on business in Australia

at a branch in Sydney within 7 days of the date hereof and

notify the trustee within 24 hours of openlng the said account

of all details of the account.

14. That until further order the bankrupt forward to the

trustee and the Deputy Commissioner of Taxation, Sydney, copies

of all bank statements and deliver to the trustee whenever

requested so to do such other records relating to all moneys

cheques, negotiable instruments and other documents and instru-

ments lodged for deposit with the account or drawn on that account

as the trustee requests.

15. That until further order the bankrupt keep adequate

records of all moneys cheques, negotiable instruments and other

documents and instruments representing money to whlch the pre-

ceding orders relate and deliver such records to the trustee

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whenever requested to do so by the szid trustee.

16. That until further order the bankrupt deposit in the

account referred to in order 13 herein or such other account as

may from time to tlme be substltuted therefore all moneys,

cheques, negotiable interests and other documents and instru-

ments representing money received by him from any person who,

or company which, is an assoclate wlthin the meaning of that

expression as defined in sub-s.82KH(l) of the Income Tax Assessment Act, 1936 of the bankrupt or which would be an "associate" as so defined of the bankrupt if the bankrupt were

a taxpayer wlthln the meaning	of that expresslon as used in
the said sub-section.

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17. Reserve liberty to apply to any party on such notice

as a Judge of the Court shall allow.

18.         Reserve costs.

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