Federal Court of Australia
Federal Court of Australia
Nicholls (Trustee); in the matter of Fergusson v Ciardullo [2021] FCA 250 File number: NSD 1268 of 2020
Judgment of: FLICK J
Date of judgment: 22 March 2021
Catchwords: BANKRUPTCY – order for vacant possession – period of time in which vacant possession to be granted – Trustee seeks 21 days – period fixed at 60 days BANKRUPTCY – order for execution of document to facilitate transfer of property
Legislation: Bankruptcy Act 1966 (Cth) s 30, 58, 77 Residential Tenancies Act 1997 (ACT) ss 36, 64
Cases cited: Carrafa v Saxton [2020] FCCA 218 Ramsay (as Trustee of the Bankrupt Estate of Coorey) v Coorey [2020] FCA 1301 Re Bond; Ex parte Ramsay (1994) 54 FCR 394 Talacko v Talacko [2018] VSC 751
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 32
Date of hearing: 9 March 2021
Counsel for the Applicant: Mr S Lipp
Solicitor for the Applicant: Corsair Lawyers
Solicitor for the Respondents: Mr H Smith of Chamberlains
ORDERS NSD 1268 of 2020 IN THE MATTER OF MARTA FERGUSSON BETWEEN: ALAN RICHARD NICHOLLS IN HIS CAPACITY AS TRUSTEE OF THE PROPERTY OF MARTA FERGUSSON Applicant
AND: VINCE CIARDULLO First Respondent
MARIA CIARDULLO Second Respondent
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