Federal Court of Australia
Federal Court of Australia
Commonwealth Bank of Australia v State of Victoria [2021] FCA 705 File number: VID 294 of 2021
Judgment of: ANASTASSIOU J
Date of judgment: 23 June 2021
Date of publication of reasons: 25 June 2021
Catchwords: BANKRUPTCY – disclaimer of property by trustees in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1966 (Cth) – mortgagee bank making an application under s 133(9) of the Act to have property vested in it to recover its debt – whether Court considers it just and equitable for order vesting property to be made – application granted
Legislation: Bankruptcy Act 1966 (Cth), s 133
Cases cited: ING Bank (Australia) Limited v State of Queensland, in the matter of Watson [2017] FCA 411 National Australia Bank Ltd v New South Wales [2009] FCA 1066 National Australia Bank Ltd v State of New South Wales [2014] FCA 298 Re Tulloch Ltd (1978) 3 ACLR 808 Westpac Banking Corporation v State of Victoria [2019] FCA 1549
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 20
Date of hearing: 23 June 2021
Solicitor for the Applicant: Ms A. Gaber of Gadens
ORDERS VID 294 of 2021
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA ABN 48 123 123 124 Applicant
AND: STATE OF VICTORIA Respondent
order made by: ANASTASSIOU J DATE OF ORDER: 23 June 2021
THE COURT ORDERS THAT:
1. Pursuant to section 133(9) of the Bankruptcy Act 1966 (Cth), an order that the estate in fee simple in the land described in certificate of title volume 11186 folio 416 situated at and known as Unit 305, Floor 3, 32 Bray Street, South Yarra in the State of Victoria vest in the Applicant for the purpose of the Applicant exercising its powers as mortgagee under the Transfer of Land Act 1958 (Vic), and registered mortgage AH130178X. 2. Pursuant to section 133(9) of the Bankruptcy Act 1966 (Cth), an order that the estate in fee simple in the land described in certificate of title volume 11186 folio 460 situated at and known as Unit 601, Floor 6, 32 Bray Street, South Yarra in the State of Victoria vest in the Applicant for the purpose of the Applicant exercising its powers as mortgagee under the Transfer of Land Act 1958 (Vic), and registered mortgage AH220045S. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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