Federal Court of Australia
Federal Court of Australia
Westpac Banking Corporation, in the matter of Burton (bankrupt) v Burton [2021] FCA 773 File number: QUD 194 of 2021
Judgment of: LOGAN J
Date of judgment: 2 July 2021
Catchwords: BANKRUPTCY – application under s 133(9) of the Bankruptcy Act 1966 (Cth) by mortgagee for vesting of bankrupt's property in mortgagee for the purpose of sale –where disclaimer by trustee in bankruptcy of real property under s 133 – where property subject to a Registrar's caveat pursuant to the Transfer of Land Act 1958 (Vic) – application granted
Legislation: Bankruptcy Act 1966 (Cth) s 133 National Consumer Credit Protection Act 2009 (Cth) sch 1 National Credit Code Companies Act 1961 (NSW) Transfer of Land Act 1958 (Vic)
Cases cited: Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 Re Tulloch Ltd and The Companies Act (1978) 3 ACLR 808
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 15
Date of hearing: 2 July 2021
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondents: The Respondents did not appear
ORDERS QUD 194 of 2021 IN THE MATTER OF ROBIN THOMAS BURTON (A BANKRUPT) BETWEEN: WESTPAC BANKING CORPORATION ABN 33 007 457 141 Applicant
AND: ROBIN THOMAS BURTON First Respondent
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