Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Australia Bank Limited v State of South Australia (No 2) [2015] FCA 240 Citation: National Australia Bank Limited v State of South Australia (No 2) [2015] FCA 240
Parties: NATIONAL AUSTRALIA BANK LIMITED (ABN 12 004 044 937) v THE STATE OF SOUTH AUSTRALIA and BAYCORP COLLECTIONS PDL (AUSTRALIA) PTY LTD (ACN 119 478 778)
File number(s): NSD 1260 of 2014
Judge: GRIFFITHS J
Date of judgment: 17 March 2015
Catchwords: BANKRUPTCY – where trustee disclaimed property pursuant to s 133 of the Bankruptcy Act 1966 (Cth) – where property escheated to Crown in right of State of South Australia – application for order vesting property in mortgagee
Legislation: Bankruptcy Act 1966 (Cth) s 133 Enforcement of Judgments Act 1991 (SA) s 8 Real Property Act 1886 (SA) Bankruptcy Regulations 1996 (Cth) reg 6.10
Cases cited: Andersons Solicitors v Schigulski [2004] SASC 21; (2004) 88 SASR 1 Hammerton v Gleeson [2009] SASC 79 National Australia Bank Limited v State of New South Wales [2009] FCA 1066; (2009) 182 FCR 52 National Australia Bank Limited v State of New South Wales [2014] FCA 298 National Australia Bank Limited v State of South Australia [2015] FCA 48 National Australia Bank Limited v Victoria [2010] FCA 1230; (2010) 118 ALD 527 Rural Banking and Finance Corporation of New Zealand Ltd v Official Assignee [1991] 2 NZLR 351
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