Re Fitzgerald, K.W. v. Ex parte Burns, R.J. [1986] FCA 11

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CATCHWORODS

BANKRUPTCY - settlement void - effect on mortgagee.

Bankruptcy Act, 1966, s.120(1), s.120(7)

RE: KERRY WILLIAM FITZGERALD EX PARTE: ROBERT JOHN FRED BURNS Applicant SANDRA LEE FITZGERALD Respondent

QLD E64 of 1985

PINCUS J. BRISBANE 24 January 1986

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E64 of 1985

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: KERRY WILLIAM FITZGERALD

EX PARTE: ROBERT JOHN FRED BURNS

Applicant SANDRA LEE FITZGERALD

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 January 1986 WHERE MADE: BRISBANE

THE COURT DECLARED AS FOLLOWS:

1.

That the transfer by the bankrupt to the respondent of his interest in a residential dwelling situated at 8 Allan Street, Goodna in the State of Queensland, described as Subdivision 6 of Portion 304A and Suburban Allotment 305B on Registered Plan No. 22561, County of Stanley, Parish of Goodna, being the land described in Certificate of Title Volume 3991 Folio 29, is void as against the applicant, acting in his capacity as trustee of the estate of the bankrupt, but this declaration does not affect the title or interest of the registered mortgagee, Westpac Banking Corporation.

THE COURT ORDERED AS FOLLOWS:

1.

NOTE

That the respondent execute all such documents and do all such acts as are necessary to cause a transfer to the

applicant of the said interest in the land.

That the respondent pay to the applicant his taxed costs of and incidental to this application.

That the matter be adjourned sine die, to enable it to he brought on again for the making of any further orders necessary to give effect to the declaration granted.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E64 of 1985