Ramsay as Trustee of the Bankrupt Estate of Coorey v Coorey [2020] FCA 1301

Federal Court of Australia

Ramsay as Trustee of the Bankrupt Estate of Coorey v Coorey [2020] FCA 1301 File number: QUD 78 of 2020

Judgment of: LOGAN J

Date of judgment: 3 August 2020

Catchwords: BANKRUPTCY AND INSOLVENCY – where the respondent's debtor's petition was accepted – where endeavours to secure alternative means of finance failed – where residential property forms part of the property of the bankrupt – whether orders should be made for vacant possession of the respondent's residential property Bankruptcy Act 1966 (Cth) ss 30, 77

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 77

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 12

Date of hearing: 3 August 2020

Counsel for the Applicant: Mr C Coulsen

Solicitor for the Applicant: Sajen Legal

Counsel for the Respondent: Ms E Coorey, the Respondent's daughter, appeared by leave, on behalf of the Respondent

ORDERS QUD 78 of 2020

BETWEEN: HUGH DAVID RAMSAY AS TRUSTEE OF THE BANKRUPT ESTATE OF JOSEPHINE IRENE COOREY (QLD 3450 OF 2017/0) Applicant

AND: JOSEPHINE IRENE COOREY Respondent

order made by: LOGAN J DATE OF ORDER: 3 AUGUST 2020

THE COURT ORDERS THAT:

1. Pursuant to sections 30 and 77 of the Bankruptcy Act 1966 (Cth) the Respondent vacate the real property situated at 39 Solar Street, Coorparoo in the State of Queensland more particularly described as the land situated at Lot 2, Registered Plan 886029, Title Reference 50048069 (the Property), within 60 days of the date of the Order in order to enable the Property to be sold with vacant possession. 2. In the event that the Respondent fails to give vacant possession of the Property in accordance with paragraph 1 above, pursuant to rule 41.10(2) of the Federal Court Rules 2011 (Cth), a writ of possession may issue forthwith. 3. The Applicant's costs of this proceeding be paid out of the bankrupt estate of the Respondent, with priority. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.