Federal Court of Australia
Federal Court of Australia
Commonwealth Bank of Australia v State of Western Australia, in the matter of Arbidans (a Bankrupt) [2020] FCA 1514 File number: QUD 253 of 2020
Judgment of: JACKSON J
Date of judgment: 20 October 2020
Catchwords: BANKRUPTCY - disclaimer of real property under s 133 of the Bankruptcy Act 1966 (Cth) - application under s 133(9) by mortgagee for vesting of bankrupt's property in mortgagee for the purpose of sale effect of disclaimer by trustee in bankruptcy - where mortgagee seeks to utilise powers as if mortgagee in possession - application successful
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 National Consumer Credit Protection Act 2009 (Cth) Schedule 1 (National Credit Code) Transfer of Land Act 1893 (WA) ss 106, 234
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Commonwealth Bank of Australia v State of Queensland [2019] FCA 1362 ING Bank (Australia) Limited v State of Queensland, in the matter of Watson [2017] FCA 411 National Australia Bank Limited v State of New South Wales [2014] FCA 298 Re Middle Harbour Investments Ltd (in liq) (No 2) [1977] 2 NSWLR 652 St George - A Division of Westpac Banking Corporation v State of Western Australia [2020] FCA 397
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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