Federal Court of Australia
Federal Court of Australia
Kellendonk v State of Western Australia, in the matter of Jasienska-Dudek (a Bankrupt) [2021] FCA 418 File number: WAD 288 of 2020
Judgment of: JACKSON J
Date of judgment: 21 April 2021
Date of publication of reasons: 23 April 2021
Catchwords: BANKRUPTCY - application by mortgagees for order vesting bankrupt's property in them absolutely - prior to bankruptcy bankrupt agreed to transfer property to mortgagees in consideration for discharge of mortgage - mortgagees did not register title before bankruptcy - property disclaimed by trustee in bankruptcy - equitable interest established in property - just and equitable that property should be vested in mortgagees - application allowed
Legislation: Bankruptcy Act 1966 (Cth) s 133 Property Law Act 1969 (WA) s 34 Transfer of Land Act 1893 (WA) ss 53, 108, 122 Statute of Frauds 1677 (Imp)
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Australia and New Zealand Banking Group Ltd v State of Queensland [2016] FCA 1221 Brunker v Perpetual Trustee Co (Ltd) (1937) 57 CLR 555 Commonwealth Bank of Australia v State of Western Australia, in the matter of Arbidans (a Bankrupt) [2020] FCA 1514 Commonwealth Bank of Australia v Western Australia Land Authority trading as Land Corp [2013] FCA 888 McMillan v Bidmonta Pty Ltd, in the matter of the bankrupt estate of David Robert McMillan [2013] FCA 865 National Australia Bank Limited v State of New South Wales [2014] FCA 298 National Trustees Executors & Agency Co of Australasia Ltd v Boyd (1926) 39 CLR 72 PSAL Pty Ltd v Raja [2016] WASC 295 Rams Mortgage Corporation Ltd v Skipworth (No 2) [2007] WASC 75; (2007) 239 ALR 799 Reliance Financial Services Pty Ltd v Baddock [2002] NSWSC 857 Watt v Lord [2005] NSWSC 53; (2005) 62 NSWLR 495
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