Federal Court of Australia
Federal Court of Australia
Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 File number: QUD 386 of 2020
Judgment of: DERRINGTON J
Date of judgment: 29 January 2021
Catchwords: BANKRUPTCY – disclaimer of real property by trustees in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1966 (Cth) – mortgagee Bank making an application under s 133(9) for vesting of property to enable it to recover debt – consideration of the ability of a trustee in bankruptcy to disclaim legal title to real property which is not vested in it – consideration of the effect of escheat to the Crown on the continuing enforceability of a pre-existing mortgage – steps to be taken to have application determined promptly
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 National Consumer Credit Protection Act 2009 (Cth) Sch 1, s 88 Land Title Act 1994 (Qld) Property Law Act 1974 (Qld) s 84
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland [2016] FCA 1221 Australia and New Zealand Banking Group Limited v State of Queensland [2016] FCA 1566 Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Bank of Queensland Limited v State of Western Australia [2020] FCA 442 Commonwealth Bank of Australia v State of Queensland [2019] FCA 1362 Commonwealth Bank of Australia v State of Queensland [2019] FCA 2217 Commonwealth Bank of Australia v State of Queensland, in the matter of Ginn [2016] FCA 1337 Commonwealth Bank of Australia v State of Western Australia, in the matter of Arbidans (a Bankrupt) [2020] FCA 1514 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 National Australia Bank Limited v State of Queensland [2019] FCA 1780 National Australia Bank Ltd v Victoria (2010) 118 ALD 527 Purefoy v Rogers (1669) 85 ER 1181 Re Tulloch Ltd (in liq) and the Companies Act (1977) 3 ACLR 808 Stacks Managed Investments Ltd v State of New South Wales [2016] NSWSC 1349 Westpac Banking Corporation v State of Queensland [2016] FCA 269
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