ORDER FOR PAYMENT OF DEBT

Press, Volume LXXXV, Issue 25895, 30 August 1949, Page 3

ORDER FOR PAYMENT OF DEBT

PROTECTED PERSON’S

ESTATE

An application was made in the Supreme Court yesterday, before Mr Justice Northcroft, for an order authorising the managers of a protected estate to pay debts incurred by the person protected under the Aged and Infirm Persons Act, 1908. Mr P. P. J. Amodeo, who appeared for the New Zealand Insurance Company, •-.td.. and John William Hannan, managers )f the protected estate of Desmond Felix McEvedy, said that the debts were incurred after a protection order was made □n June 24, 1948. McEvedy had an interest in both the estate of his father and of his mother, his total income from the two being about £2OOO a year. Under the protection order, arrangements were made to pay McEvedy £l5 a week. The e’ebts concerning which the order was sought were £355 to A. J. White, Ltd., £2B to J. Patterson. a tailor, and £5 to C. A. Welsh, of the Carlton Hotel. Wellington. There was plenty of money in the estate to pay the bills, but the managers had come to the Court for the Court’s direction. McEvedy’s income was free of all taxes. Mr P. H. Wood, for A. J. White. Ltd., and Mr O. G. Clifford, for J. Patterson, gave details of the accounts with their clients.

His Honour said that apparently McEvedy was a dipsomaniac and the order was made on that ground. The sum of £l5 a week ought to be sufficient pocket money for a single man. and he could not see why the £5. which was a loan, should not be repaid to Welsh from the £l5 a week.

His Honour made an order authorising the managers to pay A. J. White, Ltd., and J. Patterson from the estate, independently of the £l5 a week.

In respect to other debts, the £l5 a week should be sufficient, his Honour added. The Court could not lend itself to frustrating an order. The managers were entitled to advertise that this young man was subject to an order.