Trustee of the Property of Brian John Byrne, a Bankrupt v Byrne [2020] FCA 1532

Federal Court of Australia

Trustee of the Property of Brian John Byrne, a Bankrupt v Byrne [2020] FCA 1532 File number: NSD 616 of 2020

Judgment of: BROMWICH J

Date of judgment: 20 October 2020

Catchwords: BANKRUPTCY AND INSOLVENCY – application by trustee in bankruptcy for declaration as to vesting of real estate property, and orders for vacant possession (alternatively a warrant for possession), removal of household property (alternatively right to remove household property, and execution of documents necessary to effect sale – where common ground that the property vested in the trustee or his predecessor on and from the date on which the bankrupt became a bankrupt – where bankrupt has resisted repeated requests to deliver up vacant possession of the relevant real property, necessitating this proceeding and resulting in the incursion of costs – application granted with costs but orders order for the issue of the warrant of possession stayed for 12 weeks

Legislation: Bankruptcy Act 1966 (Cth) ss 58(1)(a), 58(1)(b), 77, 129(1), 129(2), 132(1), 132(2) Judiciary Act 1903 (Cth) Bankruptcy Regulations 1996 (Cth) Uniform Civil Procedure Rules 1999 (Qld) r 915

Cases cited: Coshott v Prentice [2014] FCAFC 88; 221 FCR 450 Re Francis; Ex Parte Official Trustee (1988) 19 FCR 149

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 14

Date of hearing: 20 October 2020

Counsel for the Applicant: H Hitch of Matthews Folbigg Lawyers