Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
St George - A Division of Westpac Banking Corporation v State of Western Australia [2020] FCA 397 File number: WAD 393 of 2019
Judge: BANKS-SMITH J
Date of judgment: 26 March 2020
Catchwords: BANKRUPTCY - application by mortgagee for vesting of bankrupt's property in mortgagee for the purpose of sale - where trustee in bankruptcy does not register transfer of title - effect of disclaimer by trustee in bankruptcy - where mortgagee seeks to utilise powers as if mortgagee in possession
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 Transfer of Land Act 1893 (WA) s 234
Cases cited: AMP Bank Limited v State of New South Wales [2014] FCA 1437 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, in the matter of King [2016] FCA 1338 Australia and New Zealand Banking Group Limited, in the matter of Hawks (bankrupts) v State of Queensland [2018] FCA 1982 Commonwealth Bank of Australia v State of Queensland [2018] FCA 1041 Commonwealth Bank of Australia v State of Queensland; in the matter of Ginn [2016] FCA 1337 National Australia Bank Limited v State of New South Wales [2014] FCA 298 National Australia Bank Limited v State of Queensland [2018] FCA 1624 National Australia Bank Limited v The State of Queensland [2018] FCA 2020
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