Biermann v The State of New South Wales [2011] FCA 51

FEDERAL COURT OF AUSTRALIA

Biermann v The State of New South Wales [2011] FCA 51 Citation: Biermann v The State of New South Wales [2011] FCA 51

Parties: DIETER BIERMANN and URSULA BIERMANN v THE STATE OF NEW SOUTH WALES

File number(s): NSD 1783 of 2010

Judge: JAGOT J

Date of judgment: 2 February 2011

Catchwords: BANKRUPTCY AND INSOLVENCY – effect of disclaimer of trustee in bankruptcy on rights of third parties

Legislation: Bankruptcy Act 1966 (Cth)

Cases cited: National Australia Bank Limited v The State of Victoria [2010] FCA 1230

Date of hearing: 2 February 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicants: Mr P Cutler

Solicitor for the Applicants: Pope and Spinks Lawyers

Counsel for the Respondent: The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1783 of 2010

BETWEEN: DIETER BIERMANN

First Applicant

URSULA BIERMANN

Second Applicant

AND: THE STATE OF NEW SOUTH WALES

Respondent

JUDGE: JAGOT J DATE OF ORDER: 2 FEBRUARY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 133(9) of the Bankruptcy Act 1966 (Cth), the title of the property situated at 289 Conadilly Street, Gunnedah NSW (being Lot 42 in DP 222836) (the Gunnedah property) vest in the applicants. 2. After the sale of the Gunnedah property, the applicants must deliver to the trustee of the bankrupt estate of Steven James Coughlin accounts of how the proceeds of the sale are dealt with, together with the whole of the proceeds of sale remaining (if any) after first deducting from the proceeds all moneys due to the applicants as mortgagees, including all costs properly incurred and incidental to the sale. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.