Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth Bank of Australia v State of Queensland [2019] FCA 1362 File number: QUD 472 of 2019
Judge: LOGAN J
Date of judgment: 22 August 2019
Catchwords: BANKRUPTCY – disclaimer of real property under s 133 of the Bankruptcy Act 1966 (Cth) – application for an order under s 133(9) for two properties to be vested in the applicant – where the trustee in bankruptcy disclaimed the properties as onerous – where the applicant held mortgages over each property – where the bankrupt was in default of the mortgages – where consent orders promoted – whether it is just and equitable for the Court to make a s 133(9) order.
Legislation: Bankruptcy Act 1966 (Cth) s 133 Land Title Act 1994 (Qld) Property Law Act 1974 (Qld) s 84
Cases cited: National Australia Bank Limited v New South Wales (2009) 182 FCR 52 Re Tulloch Limited (in Liquidation) (1978) 3 ACLR 808
Date of hearing: 22 August 2019
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr J Dudley
Solicitor for the Applicant: HWL Ebsworth
Solicitor for the Respondent: Department of Natural Resources, Mines & Energy
ORDERS QUD 472 of 2019
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA ABN 48 123 123 124 Applicant
AND: STATE OF QUEENSLAND Respondent
JUDGE: LOGAN J DATE OF ORDER: 22 august 2019
THE COURT ORDERS THAT:
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