Federal Court of Australia
Federal Court of Australia
Westpac Banking Corporation v State of Western Australia [2021] FCA 1097 File number: WAD 127 of 2021
Judgment of: JACKSON J
Date of judgment: 13 September 2021
Catchwords: BANKRUPTCY - application by mortgagee for order vesting bankrupt's property in mortgagee - property disclaimed by trustee in bankruptcy - mortgagee seeks to utilise powers as if mortgagee in possession - just and equitable that property be vested in mortgagee
Legislation: Bankruptcy Act 1966 (Cth) s 133 National Consumer Credit Protection Act 2009 (Cth) Schedule 1 (National Credit Code) Property Law Act 1969 (WA) Transfer of Land Act 1893 (WA)
Cases cited: Attorney-General of Ontario v Mercer (1883) 8 App Cas 767 Australia and New Zealand Banking Group Ltd v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Bank of Queensland Ltd v State of Western Australia [2020] FCA 442 Boscawen v Bajwa [1996] 1 WLR 328 Burke v LFOT Pty Ltd [2002] HCA 17; (2002) 209 CLR 282 Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 Friend v Brooker [2009] HCA 21; (2009) 239 CLR 129 Ghana Commercial Bank v Chandiram [1960] AC 732 Harris v Miller [2013] NSWSC 1902 Mango Media Pty Ltd v Mertes [2006] NSWSC 1460; (2006) 14 BPR 26,971 MBF Investments Pty Ltd v Nolan [2011] VSCA 114; (2011) 37 VR 116 National Australia Bank Ltd v State of New South Wales [2014] FCA 298 National Australia Bank Ltd, in the matter of Collins (a bankrupt) v State of Queensland [2020] FCA 1889 Official Trustee in Bankruptcy v Citibank Savings Ltd (1995) 38 NSWLR 116 St George - A Division of Westpac Banking Corporation v State of Western Australia [2020] FCA 397 Re Tulloch Ltd (1978) 3 ACLR 808
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