Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Australia Bank Limited v The State of Victoria [2010] FCA 1230
Citation: National Australia Bank Limited v The State of Victoria [2010] FCA 1230
Parties: NATIONAL AUSTRALIA BANK LIMITED v THE STATE OF VICTORIA, THE STATE OF NEW SOUTH WALES and INDRANI SELVARAJAH
File number(s): NSD 1043 of 2010
Judge: BENNETT J
Date of judgment: 12 November 2010
Catchwords: BANKRUPTCY – bank registered first mortgagee of properties under Torrens title – mortgagor bankrupt – trustee in bankruptcy disclaims mortgagor's properties – whether mortgagee is person claiming an interest in properties pursuant to Bankruptcy Act 1966 (Cth) s 133(9) – whether mortgagee entitled to order vesting properties in mortgagee
Legislation: Bankruptcy Act 1966 (Cth) s 133
Cases cited: National Australia Bank Ltd v Leroy [2003] FCA 862 applied National Australia Bank Ltd v New South Wales (2009) 182 FCR 52 applied Rams Mortgage Corp Ltd v Skipworth [2007] WASC 24 cited Rams Mortgage Corp Ltd v Skipworth (No 2 ) [2007] WASC 75 cited Re Tulloch Ltd (in liq) and the Companies Act (1978) 3 ACLR 808 applied Re Weiland (Deceased) (1944-45) 13 ABC 220 cited
Date of hearing: 28 October 2010
Place: Sydney
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