Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australia and New Zealand Banking Group Limited, in the matter of Hawks (bankrupts) v State of Queensland [2018] FCA 1982 File number: NSD 1390 of 2018
Judge: GRIFFITHS J
Date of judgment: 10 December 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – application by a mortgagee under s 133(9) of the Bankruptcy Act 1966 (Cth) to vest certain real property owned by certain bankrupts in the mortgagee subject to conditions – where the Trustee in Bankruptcy disclaimed any interests in the property, with the consequence that the property is escheated to the Crown of the relevant State, and the mortgagee has no right to enforce its security against the State – whether appropriate to make orders sought by the mortgagee
Legislation: Bankruptcy Act 1966 (Cth), s 133(9) National Consumer Credit Protection Act 2009 (Cth), Sch 1, s 88 Bankruptcy Regulations 1996 (Cth), reg 6.10 Land Title Act 1994 (Qld) Property Law Act 1974 (Qld), s 84
Cases cited: National Australia Bank Limited v State of New South Wales [2009] FCA 1066; 182 FCR 52 National Australia Bank Limited v State of Queensland [2018] FCA 1624 National Australia Bank Limited v State of South Australia (No 2) [2015] FCA 240 National Australia Bank Limited v The State of New South Wales [2014] FCA 298
Date of hearing: 10 December 2018
Registry: New South Wales
Division: General Division
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