Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McVey v State of New South Wales, in the matter of McVey (Bankrupt) [2012] FCA 455 Citation: McVey v State of New South Wales, in the matter of McVey (Bankrupt) [2012] FCA 455
Parties: KAY MCVEY v STATE OF NEW SOUTH WALES and ANZ BANKING CORPORATION
File number: NSD 498 of 2012
Judge: BENNETT J
Date of judgment: 2 May 2012
Catchwords: BANKRUPTCY – Application for vesting order under s 133(9) Bankruptcy Act 1966 (Cth) – wife of bankrupt being the person claiming interest in, or being under a liability not discharged by the Act in respect of, disclaimed property – joint liability under mortgage and continued payments by wife of principal and interest.
Legislation: Bankruptcy Act 1966 (Cth) s 133(9)
Cases cited: Re Lasscock, ex parte Lasscock (1961) 18 ABC 263
Date of hearing: 2 May 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicant: Ms V. Thomas
Solicitor for the Applicant: RMB Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 498 of 2012
IN THE MATTER OF THE BANKRUPT ESTATE OF GEOFFREY CASTLE MCVEY BETWEEN: KAY MCVEY
Applicant
AND: STATE OF NEW SOUTH WALES
First Respondent
ANZ BANKING CORPORATION
Second Respondent
JUDGE: BENNETT J DATE OF ORDER: 2 MAY 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The estate in fee simple in the land described in Folio Identifier 17/250194 being land that was the subject of the disclaimer of onerous property executed on 27 July 2011 by or on behalf of Nicholas Malanos as trustee of the bankrupt estate of Geoffrey Castle McVey, and being an interest as tenant in common in equal share with the applicant, Kay McVey, vest pursuant to s.133((9) of the Bankruptcy Act 1966 (Cth) in the applicant with the effect that the applicant shall become the sole registered proprietor of the said property. 2. Each party pay its own costs. Note: Entry of orders is dealt with in Order 39.32 of the Federal Court Rules 2011. The text of entered orders can be located using Federal Law Search on the Court's website.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate