Federal Court of Australia
Federal Court of Australia
Commonwealth Bank of Australia v State of Western Australia [2021] FCA 1186 File number: WAD 122 of 2021
Judgment of: COLVIN J
Date of judgment: 30 September 2021
Catchwords: BANKRTUPCY - application for orders vesting fee simple in property in applicant to exercise powers as mortgagee - where sequestration orders made against registered proprietors of property - where trustees in bankruptcy disclaimed interest in property - where applicant holder of registered mortgage over property - whether necessary for trustees in bankruptcy to be joined as parties - where trustee in bankruptcy has caveat on property - whether surplus funds from sale of property to be paid into court - application allowed
Legislation: Bankruptcy Act 1966 (Cth) s 133
Cases cited: Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 16
Date of hearing: 7 September 2021
Counsel for the Applicant: Ms TE Strack
Solicitor for the Applicant: Dentons Australia
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