Federal Court of Australia
Federal Court of Australia
Australia and New Zealand Banking Group Limited v State of South Australia [2021] FCA 609 File number: SAD 17 of 2021
Judgment of: CHARLESWORTH J
Date of judgment: 4 June 2021
Catchwords: BACKRUPTCY – disclaimed property subject to a registered mortgage – application for an order that the estate in fee simple be vested in the mortgagee and ancillary orders – bankrupts afforded an opportunity to be heard – application allowed
Legislation: Bankruptcy Act 1966 (Cth) s, 58, 133 Federal Court of Australia Act 1976 (Cth) s 20A Bankruptcy Regulations 1996 (Cth) reg 6.10
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland [2018] FCA 464 Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 15
Date of last submission: Applicant: 13 April 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr L Gentry
Solicitor for the Applicant: Thomson Geer
Counsel for the First Respondent: Mr J Tutton
Solicitor for the First Respondent: Crown Solicitor's Office
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS SAD 17 of 2021
BETWEEN: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) Applicant
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