Federal Court of Australia
Federal Court of Australia
Makhoul v State of New South Wales [2022] FCA 731 File number(s): NSD 178 of 2022
Judgment of: HALLEY J
Date of judgment: 23 June 2022
Catchwords: BANKRUPTCY – disclaimer of interest in real property by trustee in bankruptcy pursuant to s 133(1) of Bankruptcy Act 1966 (Cth) (Act) – application by co-owner of the property for order pursuant to s 133(9) of the Act for vesting of property in applicant subject to mortgage and caveat – no opposition to orders by any interested party – consideration of requisite factors making it just and equitable that order be made – application allowed
Legislation: Bankruptcy Act 1966 (Cth) ss 133
Cases cited: Aprile v State of Queensland, in the matter of Leftwich [2021] FCA 471 Australian New Zealand Banking Group Limited v State of Western Australia, in the matter of Raleigh [2022] FCA 639 Commonwealth Bank of Australia v Queensland, in the matter of Hewton [2021] FCA 22
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 45
Date of hearing: 23 June 2022
Counsel for the Applicant: Mr N Li
Solicitor for the Applicant: Thurlow Fisher Lawyers
Counsel for the First Respondent: The First Respondent submitted to any order of the Court, save as to costs
Counsel for the Second Respondent: The Second Respondent did not appear
Counsel for the Third Respondent: The Third Respondent did not appear
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