Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leroy v Koutavas, in the matter of Koutavas (No 2) [2017] FCA 912 File number: NSD 42 of 2017
Judge: ROBERTSON J
Date of judgment: 9 August 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – trustee in bankruptcy claimed declarations of right against the bankrupt's former wife in respect of the bankrupt's interest as tenant in common in equal shares in residential property – trustee in bankruptcy also sought the appointment of trustees for sale of the property and the removal of the caveat lodged on the title to the property by the parents of the bankrupt's former wife
Legislation: Bankruptcy Act 1966 (Cth) ss 27, 30, 58 Judiciary Act 1903 (Cth) s 79 Federal Court Rules 2011 (Cth) r 9.24 Conveyancing Act 1919 (NSW) ss 7(1), 66F, 66G, 66I Real Property Act 1900 (NSW) s 74MA
Cases cited: Coshott v Prentice [2014] FCAFC 88; 221 FCR 450 Leroy v Koutavas, in the matter of Koutavas [2017] FCA 381 Rizeq v Western Australia [2017] HCA 23 Truthful Endeavour Pty Ltd v Condon (Trustee) Re Rayhill (Bankrupt) [2015] FCAFC 70; 233 FCR 174
Date of hearing: 27 June 2017
Date of last submissions: 8 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicant: Mr RD Marshall SC
Solicitor for the Applicant: Bartier Perry
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