Federal Court of Australia
Federal Court of Australia
Allen (Trustee), in the matter of Riak v Anyar [2022] FCA 819 File number: VID 162 of 2021
Judgment of: SNADEN J
Date of judgment: 13 July 2022
Date of publication of reasons: 15 July 2022
Catchwords: BANKRUPTCY AND INSOLVENCY- application for delivery of vacant possession of properties to trustee in bankruptcy – application for orders for sale of properties – relief sought against non-bankrupt co-owner of properties – whether orders should be made for sale of co-owned property – satisfaction that applicant is entitled to vacant possession and orders for sale of property – whether costs incurred due to sale of property should partly be borne by non-bankrupt co-owner – orders made for vacant possession and sale of property
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 58, 77 Federal Court of Australia Act 1976 (Cth) s 32 Judiciary Act 1903 (Cth) s 79 Property Law Act 1958 (Vic) ss 228, 234C, 234D
Cases cited: Coshott v Prentice (2014) 311 ALR 428 Le v Scott as trustee of the property of Chanh Tam Le, a Bankupt [2020] FCAFC 12 Pekar v Holden [2017] FCA 596 Scott (Trustee) v Le [2021] FCA 1364
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 26
Date of hearing: 6 and 13 July 2022
Counsel for the Applicant: Mr B Fry
Solicitor for the Applicant: Ms S Caldwell of Mills Oakley
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