Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walsh v State of Queensland [2019] FCA 871 File number: QUD 204 of 2019
Judge: LOGAN J
Date of judgment: 29 May 2019
Catchwords: BANKRUPTCY – disclaimer of real property under s 133 of the Bankruptcy Act 1966 (Cth) – application for order under s 133(9) for property to vest in the applicants – where trustee in bankruptcy disclaimed onerous real property – where applicants purported to buy the property from the bankrupt after he entered into bankruptcy – where contract had settled and mortgage had been discharged – where bankrupt personally received no funds – whether it is just and equitable for the Court to make a s 133(9) order.
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 Corporations Act 2001 (Cth) Companies Act 1961 (NSW) s 296 Land Title Act 1994 (Qld) ss 28, 29 Property Law Act 1974 (Qld) s 20
Cases cited: Australia and New Zealand Banking Group Ltd v Fairfield City Council (2016) 18 BPR 36,045 Australia and New Zealand Banking Group Ltd v State of Queensland [2018] FCA 464 Breskvar v Wall (1971) 126 CLR 376 Mabo v Queensland (No 2) (1992) 175 CLR 1 National Australia Bank Ltd v State of New South Wales (2009) 182 FCR 52 Re Tulloch Ltd (In Liquidation) (1978) 3 ACLR 808
Date of hearing: 29 May 2019
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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