Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Australia Bank Limited v State of Queensland [2018] FCA 1624 File number: QUD 739 of 2018
Judge: LOGAN J
Date of judgment: 24 October 2018
Catchwords: BANKRUPTCY – disclaimer of real property under s 133 of Bankruptcy Act 1966 (Cth) – application for order under s 133(9) vesting property in mortgagee subject to conditions – whether land escheats to Crown in right of State of Queensland after disclaimer by trustee in bankruptcy – consistency of doctrine of escheat with Torrens title land, statutory powers of disclaimer and constitutional context – effect of disclaimer occurring under Commonwealth law – better view may be that land does not escheat upon disclaimer, rather the legal title is held by the Crown on trust for statutory purposes until the Court makes an order vesting it pursuant to s 133(9). MORTGAGES – disclaimer of real property under s 133 of Bankruptcy Act 1966 (Cth) for onerous covenants – position of registered mortgagee – realisation of mortgagee's security to repay debt – whether land escheats to Crown in right of State of Queensland after disclaimer by trustee in bankruptcy – mortgagee's right to apply for order vesting fee simple in the property the subject of the mortgage in it following disclaimer – appropriate terms and conditions of vesting order.
Legislation: Bankruptcy Act 1966 (Cth) ss 133, 133(1), 133(9) Land Act 1994 (Qld) Property Law Act (Qld) Residential Tenancies and Rooming Accommodation Act 2008 (Qld) National Credit Code s 88
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Australia and New Zealand Banking Group Limited v State of Queensland [2016] FCA 1221 Australia and New Zealand Banking Group Limited v The State of Queensland [2018] FCA 464 National Australia Bank v State of New South Wales [2009] FCA 1066 Re Tulloch Limited (In Liquidation) (1978) 3 ACLR 808
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