Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bank of Queensland Limited v State of Western Australia [2020] FCA 442 File number: WAD 61 of 2020
Judge: MCKERRACHER J
Date of judgment: 6 April 2020
Catchwords: BANKRUPTCY – disclaimer of real property by trustees in bankruptcy pursuant to s 133(1) Bankruptcy Act 1966 (Cth) – application by mortgagee bank under s 133(9) to have property vested in it to exercise power of sale – where mortgage was given over real property to guarantee loans given to related company – consideration of how any surplus proceeds of sale should be dealt with – consideration of effect of escheat to the Crown
Legislation: Bankruptcy Act 1966 (Cth) ss 133, 133(1AA), 133(1), 133(2), 133(3), 133(9), 133(10), 133(11) Property Law Act 1969 (WA) s 61 Transfer of Land Act 1893 (WA) s 106
Cases cited: AMP Bank Ltd v New South Wales [2014] FCA 1437 Australia and New Zealand Banking Group Ltd v Queensland [2016] FCA 1221 Australia and New Zealand Banking Group Ltd v Queensland [2016] FCA 1566 Australia and New Zealand Banking Group Limited v Queensland [2017] FCA 696 Commonwealth Bank of Australia v Queensland [2016] FCA 1337 National Australia Bank Ltd v Leroy [2003] FCA 862 RAMS Mortgage Corporation Ltd v Skipworth (No 2) (2007) 239 ALR 799 St George v Western Australia [2020] FCA 397 Re Tulloch Ltd (No 2) (1978) 3 ACLR 808
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