Federal Court of Australia
Federal Court of Australia
Aprile v State of Queensland, in the matter of Leftwich [2021] FCA 471 File number: QUD 105 of 2021
Judgment of: DERRINGTON J
Date of judgment: 7 May 2021
Catchwords: BANKRUPTCY – disclaimer of real property by trustee in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1966 (Cth) – application by co-owner of property subject to mortgage pursuant to s 133(9) – desire of co-owner to sell property for the purposes of discharging mortgage – no opposition to orders by any interested party – application allowed
Legislation: Bankruptcy Act 1966 (Cth), s 133
Cases cited: Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 McMillan v Bidmonta Pty Ltd, in the matter of the bankrupt estate of David Robert McMillan [2013] FCA 865 McVey v State of New South Wales, in the matter of McVey (Bankrupt) [2012] FCA 455 Re Weber (2006) 154 FCR 80 Sistrom v Urh (1992) 40 FCR 550
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 19
Date of last submissions: 5 May 2021
Date of hearing: Determined on the papers
Solicitor for the Applicant: Mr L Hennessy of Gadens Lawyers
Counsel for the First Respondent: Mr D Keane
Solicitor for the First Respondent: Crown Law
Counsel for the Second Respondent: The Second Respondent filed a submitting notice
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate