Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Duncan (Trustee) v Coulter, in the matter Coulter [2021] FCA 214 File number: SAD 185 of 2020
Judgment of: WHITE J
Date of judgment: 11 March 2021
Catchwords: BANKRUPTCY – application by a trustee in bankruptcy for an order of judicial sale for jointly owned property, pursuant to ss 69 and 70 of the Law of Property Act 1936 (SA) – applicant entered into contingent contracts of sale with third parties – contracts contingent on the consent of the non-bankrupt party or an order for judicial sale – application granted.
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 58(1), 77 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Judiciary Act 1903 (Cth) s 79 Law of Property Act 1936 (SA) ss 69, 70, 71, 74
Cases cited: Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559 Callahan v O'Neill [2002] NSWSC 877 Re Francis; ex parte Official Trustee in Bankruptcy (1988) 82 ALR 335 Re Holland, ex parte Official Trustee in Bankruptcy (1985) 5 FCR 165 Re Permanent Trustee Nominees (Canberra) Ltd [1989] 1 Qd R 314 Weston (Trustee), in the matter of Jeffery v Jeffrey [2019] FCA 554 Woodson (Sales) Pty Ltd v Woodson (Australia) Pty Ltd (1996) 7 BPR 14,685
Division: General Division
Registry: South Australia
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