Federal Court of Australia
Federal Court of Australia
Westpac Banking Corporation v State of Western Australia, in the matter of Conco Construction Services Pty Ltd [2022] FCA 1213 File number: WAD 35 of 2022
Judgment of: JACKSON J
Date of judgment: 12 October 2022
Catchwords: CORPORATIONS - application by mortgagee for order vesting property in mortgagee - property disclaimed by liquidator of company - mortgagee seeks to utilise powers as if mortgagee in possession - appropriate that property be vested in mortgagee - appropriate allocation of any surplus - orders made
Legislation: Bankruptcy Act 1966 (Cth) s 133 Corporations Act 2001 (Cth) ss 568, 568A, 568F Transfer of Land Act 1893 (WA)
Cases cited: AFSH Nominees Pty Ltd v State of Western Australia [2022] FCA 1168 Australia and New Zealand Banking Group Limited v State of Western Australia, in the matter of Aman [2022] FCA 191 Australia and New Zealand Banking Group Limited v State of Western Australia, in the matter of Raleigh [2022] FCA 639 Bank of Queensland Limited v State of Western Australia [2020] FCA 442 Stacks Managed Investments Limited, in the matter of Premium Mortgage Income Fund [2008] FCA 12 Sullivan v Energy Services International Pty Ltd (in liq) [2002] NSWSC 937 Tonic Pty Ltd v State of South Australia [2019] FCA 1361 Westpac Banking Corporation v State of Western Australia [2021] FCA 1097
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