Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australia and New Zealand Banking Group Limited v State of Queensland [2016] FCA 1566 File number: QUD 888 of 2016
Judge: LOGAN J
Date of judgment: 7 December 2016
Catchwords: BANKRUPTCY – Bankruptcy Act 1966 (Cth) s 133 – application by mortgagee for vesting bankrupts' property in mortgagee for purpose of sales and realisation of debts owed – effect of disclaimer by trustee in bankruptcy – bankrupts' property to vest in mortgagee pursuant to s 133(9) Bankruptcy Act 1966 (Cth)
Legislation: Bankruptcy Act 1924 (Cth) (repealed) Bankruptcy Act 1966 (Cth) s 133 National Consumer Credit Protection Act 2009 (Cth) s 88, Sch 1 Property Law Act 1974 (Qld) s 84 Bankruptcy Act 1869 (UK) s 23
Cases cited: Commonwealth Bank of Australia v State of Queensland, in the matter of Ginn [2016] FCA 1337 National Australia Bank v State of New South Wales [2014] FCA 298 Re Mercer and Moore (1880) 14 Ch D 287 Re Williams; Ex parte The Perpetual Trustees, Executors, and Agency Co of Tasmania Ltd (1931) 3 ABC 157
Date of hearing: 7 December 2016
Registry: Queensland
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: Ms K Gothard
Solicitor for the Applicant: Gadens
Solicitor for the Respondent: Crown Law
ORDERS QUD 888 of 2016
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