Federal Court of Australia
Federal Court of Australia
Australia and New Zealand Banking Group Limited, in the matter of Halliwell (bankrupt) v State of Queensland [2020] FCA 1249 File number: NSD 736 of 2020
Judgment of: FARRELL J
Date of judgment: 27 August 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – Disclaimer of real property under s 133 of the Bankruptcy Act 1966 (Cth) – application for an order under s 133(9) for two properties – where the trustee in bankruptcy disclaimed the bankrupts' interests in properties as onerous – where the applicant held mortgages over each property – where the bankrupt was in default of the mortgages – application granted
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 133 National Consumer Credit Protection Act 2009 (Cth) Sch 1, National Credit Code s 88 Property Law Act 1974 (Qld) ss 84, 85 Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 317
Cases cited: Australia and New Zealand Banking Group Limited, in the matter of Hawks (bankrupts) v State of Queensland [2018] FCA 1982 National Australia Bank Limited v State of New South Wales [2014] FCA 298 National Australia Bank Limited v State of South Australia (No 2) [2015] FCA 240
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 16
Date of hearing: 27 August 2020
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