Federal Court of Australia
Federal Court of Australia
Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian (No 3) [2022] FCA 1532 File numbers: NSD 116 of 2022
Judgment of: MARKOVIC J
Date of judgment: 20 December 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – application for the delivery up and vacant possession of a property registered in the name of the respondent and, in the event that the respondent fails to deliver up vacant possession of the property, that a writ of possession be issued in his favour – where applicant seeks a declaration that the property vests in him pursuant to s 58 of the Bankruptcy Act 1966 (Cth) – where there is no utility in making the declaration sought – declaration refused – balance of orders made
Legislation: Bankruptcy Act 1966 (Cth) s 58, s 30 Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Coshott v Prentice (2014) 221 FCR 450 Francis v Eggleston Mitchell Lawyers Pty Ltd [2014] FCAFC 18 Lifeplan Australia Friendly Society Ltd v Ancient Order of Foresters in Victoria Friendly Society Limited (No 2) [2017] FCAFC 99 Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian [2022] FCA 1117 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132 Russian Commercial and Industrial Bank v British Bank for Foreign Trade [1921] 2 AC 438 Wren v Mahony (1972) 126 CLR 212
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