Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lucan (Trustee) v State of New South Wales, in the matter of the Bankrupt Estate of Williams [2022] FCA 751 File number(s): NSD 157 of 2022
Judgment of: GOODMAN J
Date of judgment: 29 June 2022
Catchwords: BANKRUPTCY – application by trustee in bankruptcy for an order vesting an interest in real property to the trustee – property disclaimed by predecessor trustee – change in circumstances – just and equitable to make order
Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Conveyancing Act 1919 (NSW)
Cases cited: Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 In the matter of Vision Forklifts Pty Ltd (in liq) [2020] NSWSC 243 National Australia Bank Ltd v New South Wales [2009] FCA 1066; (2009) 260 ALR 115 Walsh v State of Queensland [2019] FCA 871; (2019) 369 ALR 725
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 49
Date of hearing: 16 June 2022
Counsel for the Applicant: Ms C Hamilton-Jewell
Solicitor for the Applicant: Sullivan Fernan Lawyers
Solicitor for the First Respondent: Mr T Walls of New South Wales Department of Planning and Environment
Counsel for the Second Respondent: Dr C Moschoudis
Solicitor for the Second Respondent: Recoveries and Reconstruction Legal
ORDERS NSD 157 of 2022 IN THE MATTER OF THE BANKRUPT ESTATE OF CHRISTOPHER WILLIAMS BETWEEN: LUCAN IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF CHRISTOPHER WILLIAMS Applicant
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