Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weston (Trustee) v Sanna [2020] FCA 830 File number: NSD 276 of 2016
Judge: MARKOVIC J
Date of judgment: 15 June 2020
Catchwords: BANKRUPTCY – application by trustee in bankruptcy seeking orders and declarations to effect the sale of two properties – withdrawal of caveats pursuant to s 74MA of the Real Property Act 1900 (NSW) – appointment of trustees for sale pursuant to s 66G of the Conveyancing Act 1919 (NSW) – execution of transfer of property by a person nominated by the Court for that purpose – application granted
Legislation: Bankruptcy Act 1966 (Cth) ss 120, 121 Civil Procedure Act 2005 (NSW) s 94 Conveyancing Act 1919 (NSW) ss 66F, 66G Family Law Act 1975 (Cth) ss 4, 39 Federal Court of Australia Act 1976 (Cth) ss 18N, 43, 53 Real Property Act 1900 (NSW) ss 12D, 74MA Federal Court Rules 2011 (Cth) rr 40.02, 41.10, Sch 3
Cases cited: Anscor Pty Ltd v Clout (Trustee) (2004) 135 FCR 469 Bhagat v Global Custodians Ltd [2002] FCAFC 51 Callahan v O'Neill [2002] NSWSC 877 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Coshott v Prentice (2014) 221 FCR 450 Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Fountain v Alexander (1982) 150 CLR 615 LFDB v MS S M (No 2) [2018] FCA 2062 Official Trustee in Bankruptcy & Galanis [2017] FamCAFC 20; (2017) 318 FLR 22 Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) [2016] FCA 1113
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