Federal Court of Australia
Federal Court of Australia
Dudley (Trustee) v Pope [2022] FCA 1110 File number: WAD 82 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 15 September 2022
Date of publication of reasons: 19 September 2022
Catchwords: BANKRUPTCY – application for sale of property by trustee – where interest as tenant in common vested in trustee – where no good reason not to order sale – ancillary orders made
Legislation: Bankruptcy Act 1966 (Cth) ss 19, 30(1)(b), 58(1) Property Law Act 1969 (WA) s 126(1) Transfer of Land Act 1893 (WA) s 234
Cases cited: Coshott v Prentice [2014] FCAFC 88; (2014) 221 FCR 450 H v D [2012] WASC 291 Martin-Smith v Woodhead [1990] WAR 62 Trainor v Trainor [2021] WASC 40
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 19
Date of hearing: 15 September 2022
Counsel for the Applicant: Mr DP Butler
Solicitor for the Applicant: Jackson McDonald
Counsel for the Respondents: The Respondents did not appear
ORDERS WAD 82 of 2022
BETWEEN: GREGORY BRUCE DUDLEY AS TRUSTEE OF THE BANKRUPT ESTATE OF NIGEL ALAN POPE Applicant
AND: ABIGAIL JANE POPE First Respondent
NIGEL ALAN POPE Second Respondent
order made by: BANKS-SMITH J DATE OF ORDER: 15 September 2022
THE COURT NOTES THAT:
A. The interest of the second respondent in the Land described in paragraph 1 of the below orders vested in the applicant as trustee in bankruptcy under s 234 of the Transfer of Land Act 1893 (WA) effective 29 May 2018. B. The orders below with respect to costs do not entitle the applicant to apply any part of the proceeds of sale otherwise available to the first respondent in satisfaction of his professional fees incurred as trustee of the estate of the second respondent. C. The applicant has no notice of any person purporting to assert any residential tenancy right with respect to the Land.
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