Federal Court of Australia
Federal Court of Australia
Moya Pty Ltd v State of New South Wales, in the matter of Vapula Pty Limited (in liq) [2022] FCA 1217 File number(s): NSD 412 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 12 October 2022
Catchwords: CORPORATIONS – application for vesting orders of disclaimed property under s 568F(1)(a) of the Corporations Act 2001 (Cth) – where onerous property is the subject of a disclaimer executed by the liquidator – where the plaintiff held a registered mortgage over the properties at the time they were disclaimed – where the plaintiff is entitled to take possession, appoint a receiver, subdivide and sell the properties – where no other party with an interest opposes the application – whether the Court should exercise its discretion in favour of the making of a vesting order – Held: orders made vesting in the plaintiff the estates in fee simple, subject to conditions
Legislation: Corporations Act 2001 (Cth), s 568F
Cases cited: Commonwealth Bank of Australia v State of Queensland [2021] FCA 22 Stacks Managed Investments Limited v State of New South Wales [2016] NSWSC 1349
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 18
Date of hearing: 12 October 2022
Counsel for the Plaintiff: Mr P Knowles SC
Solicitor for the Plaintiff: Macpherson Kelley
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