Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trustees of the Property of Shane L Fuz (Bankrupt); in the matter of Shane L Fuz (Bankrupt) v NSW Trustee and Guardian [2019] FCA 1311 File number: NSD 725 of 2019
Judge: FLICK J
Date of judgment: 21 August 2019
Catchwords: BANKRUPTCY – bankrupt's joint interest in property with wife – death of wife – failure to apply for probate – trustees seek order for sale – outstanding creditors
Legislation: Bankruptcy Act 1966 (Cth) ss 19, 79, 58, 129AA, 134 Judiciary Act 1903 (Cth) s 79 Conveyancing Act 1919 (NSW) s 66G
Cases cited: Adsett v Berlouis (1992) 37 FCR 201 Citicorp Australia Ltd v Official Trustee in Bankruptcy (1996) 71 FCR 550 Dixon v Watiwat [2012] NSWSC 402 Ferella v Official Trustee in Bankruptcy [2015] NSWCA 411; (2013) ABC(NS) 452 Matta v Matta [2015] NSWSC 963 Rambaldi v Woodward [2012] NSWSC 434 Tapp v LawCover Insurance Pty Ltd [2013] FCA 35
Date of hearing: 9 July and 13 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 22
Solicitor for the Applicant: Ms B McMahon of Matthews Folbigg
Solicitor for the Respondent: The Respondent did not appear
Solicitor for Mr Shane L Fuz: Mr P J Carey
ORDERS NSD 725 of 2019 IN THE MATTER OF SHANE L FUZ, A BANKRUPT BETWEEN: THE TRUSTEES OF THE PROPERTY OF SHANE L FUZ, A BANKRUPT Applicant
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