Australia and New Zealand Banking Group Limited v State of Western Australia, in the matter of Aman [2022] FCA 191

Federal Court of Australia

Australia and New Zealand Banking Group Limited v State of Western Australia, in the matter of Aman [2022] FCA 191 File number: WAD 96 of 2021

Judgment of: BANKS-SMITH J

Date of judgment: 9 March 2022

Catchwords: BANKRUPTCY - application by mortgagee for order vesting bankrupts' properties in mortgagee - properties disclaimed by trustee in bankruptcy - mortgagee seeks to utilise powers as if mortgagee in possession - just and equitable that property be vested in mortgagee - where residential tenancies of properties under Residential Tenancies Act 1987 (WA) - rights and obligations of mortgagee with respect to tenancies once properties vest - appropriate allocation of any surplus - orders and declarations made

Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 National Consumer Credit Protection Act 2009 (Cth) Schedule 1 (National Credit Code) s 88 Residential Tenancies Act 1987 (WA) ss 12A,13, 60, 71, 80, 81A, 81B, Parts III, IV, V, Divisions 2, 4, 5 Transfer of Land Act 1893 (WA) s 91, 106, 234

Cases cited: AMP Bank Limited v State of New South Wales [2014] FCA 1437 Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of King [2016] FCA 1338 Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Australia and New Zealand Banking Group Limited, in the matter of Hawks (bankrupts) v State of Queensland [2018] FCA 1982 Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559 Carrafa v Chaplin, in the matter of the bankrupt estate of Michael Chaplin [2019] FCA 415 Commonwealth Bank of Australia v State of Queensland [2018] FCA 1041 Commonwealth Bank of Australia v State of Queensland, in the matter of Ginn [2016] FCA 1337 Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 National Australia Bank Limited v State of New South Wales [2014] FCA 298 National Australia Bank Limited v State of Queensland [2018] FCA 1624 National Australia Bank Limited v The State of Queensland [2018] FCA 2020 Re Tulloch Ltd (in liq) and The Companies Act (1978) 3 ACLR 808 Smith v Smith (1986) 161 CLR 217 St George - A Division of Westpac Banking Corporation v State of Western Australia [2020] FCA 397 Westpac Banking Corporation v State of Western Australia [2021] FCA 1097 Westpac Banking Corporation v State of Western Australia [2021] FCA 1264