MAINTENANCE OF CHILD

Taranaki Daily News, 28 July 1932, Page 7

MAINTENANCE OF CHILD

ASSIGNEE CLAIMING MONEY BANKRUPT’S £B5O SETTLEMENT.* JUDGE RESERVE'S HIS DECISION. GOOD FAITH ON TRUSTEES’ PART. By Telegraph.—Press Association. Wellington, Last Night. An application under the Bankruptcy Act concerning John Mong, bankrupt, Wellington, was heard by Mr. Justice MacGregor in the Supreme Court today, the official assignee seeking to have declared void as against him a deed of settlement dated March 1, 1931, and authority in writing dated September 18, 1931, given by Moug for the maintenance of his child Net a June Moug and involving sums of £750 and £lOO respectively, he asignee asked that the trustees, David Wilson Virtu© and Reginald Hardio Boys, be ordered to make available the £B5O or sufficient to pay th© creditors 20s in the pound. Decision was reserved. The grounds of application were that Moug was adjudged bankrupt on January 1932, and that the two documents and the payment or th© money were a settlement of property void as against the official assignee under th© Bankruptcy Act. During the hearing couscl for Mrs. Moug said the trustees of the settlement would simply abide by th© order of the Court. It had 'been conceded that there had been good faith on th© part of Mrs. Moug and the trustees. His Honour: What do you say the real consideration was? Counsel submitted that Mrs. Moug had given valuable consideration by abandoning all maintenance proceedings in favour of the child, cancelling existing maintenance order and for taking out a charging order against the bank deposit. Under the Destitute Persons Act an order could be made against a person who could be shown not to have adequately supported any one for whose support he was responsible, but to the extent that the deed provided the child with adequate maintenance there could be no claim by the wife under the Act after the deed commenced to operate.