Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpac Banking Corporation v State of New South Wales [2014] FCA 1368 Citation: Westpac Banking Corporation v State of New South Wales [2014] FCA 1368
Parties: WESTPAC BANKING CORPORATION ACN 007 457 141 v THE STATE OF NEW SOUTH WALES, OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE FOR THE BANKRUPT ESTATE OF LISA YAACOUB and LISA YAACOUB
File number: NSD 1181 of 2014
Judge: ROBERTSON J
Date of judgment: 12 December 2014
Catchwords: BANKRUPTCY — where property disclaimed by trustee pursuant to Bankruptcy Act 1966 (Cth) s 133 — escheat of property to State of New South Wales — application for order vesting property in mortgagee
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 National Consumer Credit Protection Act 2009 (Cth) sch 1 (National Credit Code), s 88 Real Property Act 1900 (NSW) ss 57, 58 Federal Court Rules 2011 (Cth) r 9.08
Cases cited: National Australia Bank Ltd v State of New South Wales [2014] FCA 298 Residential Housing Corp v Esber [2011] NSWCA 25; (2011) 80 NSWLR 69
Date of hearing: 12 December 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr S Docker
Solicitor for the Applicant: Kemp Strang
Solicitor for the First Respondent: The First Respondent submitted save as to costs
Solicitor for the Second Respondent: No appearance
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