Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McMillan v Bidmonta Pty Ltd, in the matter of the bankrupt estate of David Robert McMillan [2013] FCA 865 Citation: McMillan v Bidmonta Pty Ltd, in the matter of the bankrupt estate of David Robert McMillan [2013] FCA 865
Parties: BOBETTE LEE MCMILLAN v BIDMONTA PTY LTD AND THE REGISTRAR GENERAL AND THE STATE OF NEW SOUTH WALES
File number: NSD 1227 of 2013
Judge: YATES J
Date of judgment: 26 August 2013
Catchwords: BANKRUPTCY AND INSOLVENCY – disclaimer of onerous property – application for vesting order under s 133(9) of the Bankruptcy Act 1966 (Cth) in respect of disclaimed property – applicant co-borrower under mortgage of disclaimed property – applicant sole contributor to repayment of the secured loan
Legislation: Bankruptcy Act 1966 (Cth) ss 58 and 133
Cases cited: Ex parte Cleland and Teesdale Smith [1960] SASR 199 McVey v State of New South Wales, in the matter of McVey (Bankrupt) [2012] FCA 455 National Australia Bank Ltd v Leroy & Ors, in the matter of Woo & Ors [2003] FCA 862 RAMS Mortgage Corporation Ltd v Skipworth and Another (No 2) (2007) 239 ALR 799 Re Condobolin Bila CDEP Ltd (deregistered) (ACN 197 790 246) Commonwealth v New South Wales (2006) 59 ACSR 682 Re Middle Harbour Investments Ltd. (in liq.) and the Companies Act [1977] 2 NSWLR 652 Sistrom v Urh (1992) 40 FCR 550
Date of hearing: 26 August 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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