Federal Court of Australia
Federal Court of Australia
Mehajer v National Australia Bank, in the matter of Bankrupt Estate of Mehajer [2021] FCA 1642 File number(s): NSD 1237 of 2021
Judgment of: JAGOT J
Date of judgment: 15 December 2021
Catchwords: BANKRUPTCY — application for order preventing mortgagee from exercising power of sale — application for order allowing bankrupt applicant to dispose of real property vested in trustee of bankrupt estate — applicant convicted of serious indictable offence in New South Wales — standing to institute proceedings — application dismissed with costs
Legislation: Bankruptcy Act 1966 (Cth) ss 58(1), 58(5), 178 Judiciary Act 1903 (Cth) s 79 Felons (Civil Proceedings) Act 1981 (NSW) ss 4, 5, 7
Cases cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Foong v Commonwealth Bank of Australia [2014] NSWCA 246 Hilton v Gidley [2016] NSWSC 594 Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 Integrated Securities No 3 Pty Ltd v Oceans 5 Ultimate Getaways Pty Ltd [2021] NSWSC 278 Mehajer (Bankrupt) v Weston (Trustee) [2020] FCA 596 National Australia Bank v Strik [2009] NSWSC 184 Westpac Banking Corporation v Nolan [2016] NSWSC 778
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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