Federal Court of Australia
Federal Court of Australia
Morris v State of Queensland [2021] FCA 989 File number: QUD 155 of 2021
Judgment of: DOWNES J
Date of judgment: 20 August 2021
Catchwords: BANKRUPTCY – disclaimer of real property by trustee in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1966 (Cth) – application by former bankrupt for a vesting order of property subject to a mortgage under s 133(9) of the Bankruptcy Act 1966 (Cth) – where the applicant claims an equitable interest in the property – where the value of the property exceeds the debt alleged to be owing – no opposition from any persons who may have an interest in the property – application allowed.
Legislation: Bankruptcy Act 1966 (Cth) s 133 Land Title Act 1994 (Qld)
Cases cited: Aprile v State of Queensland, in the matter of Leftwich [2021] FCA 471 Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 Hausler v State of Queensland [2019] FCA 1904 National Australia Bank Limited v The State of Queensland [2018] FCA 2020 Walsh v State of Queensland (2019) 369 ALR 725; [2019] FCA 871
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 46
Date of hearing: 16 August 2021
Counsel for the Applicant: Mr J Sheridan
Solicitor for the Applicant: Holding Redlich
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