Federal Court of Australia
Federal Court of Australia
Westpac Banking Corporation v State of Western Australia [2021] FCA 1264 File number: WAD 32 of 2021
Judgment of: JACKSON J
Date of judgment: 20 October 2021
Catchwords: BANKRUPTCY - application by mortgagee for order vesting bankrupts' 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) ss 133, 153 Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) s 18 Transfer of Land Act 1893 (WA)
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 National Australia Bank Limited v New South Wales [2014] FCA 298 Re Tulloch Ltd (in liq) (1978) 3 ACLR 808 Westpac Banking Corporation v State of Western Australia [2021] FCA 1097
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 25
Date of hearing: 10 August and 6 October 2021
Counsel for the Applicant: Ms J Moore
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate