Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth Bank of Australia v State of Queensland, in the matter of Ginn [2016] FCA 1337 File number: QUD 787 of 2016
Judge: EDELMAN J
Date of judgment: 11 November 2016
Catchwords: BANKRUPTCY – Bankruptcy Act 1966 (Cth) s 133 – application by mortgagee for vesting of bankrupts' property in mortgagee for the purpose of sales – where trustee in bankruptcy does not register transfer of title – effect of disclaimer by trustee in bankruptcy
Legislation: Bankruptcy Act 1966 (Cth) ss 58(2), 133133(1AA), 133(1), 133(1A), 133(2), 133(9), 133(10) Land Title Act 1994 (Qld) s 115 National Consumer Credit Protection Act 2009 (Cth) Sch 1 s 88 Property Law Act 1974 (Qld) s 84
Cases cited: National Australia Bank v New South Wales [2009] FCA 1066; (2009) 182 FCR 52 National Australia Bank Ltd v State of New South Wales [2014] FCA 298 Rams Mortgage Corporation Ltd v Skipworth (No 2) [2007] WASC 75; (2007) 210 FLR 11 Sandhurst Trustees Ltd v 72 Seventh Street Nominees Pty Ltd (In Liq) (1998) 45 NSWLR 556 Westpac Banking Corporation v State of Queensland [2016] FCA 269
Date of hearing: 11 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicant: K Gothard
Solicitor for the Applicant: Gadens
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