Federal Court of Australia
Federal Court of Australia
Australia and New Zealand Banking Group Limited v State of Victoria, in the matter of Paksoy [2023] FCA 62 File number(s): VID 733 of 2022
Judgment of: O'BRYAN J
Date of judgment: 7 February 2023
Catchwords: BANKRUPTCY – disclaimer of real property by trustees in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1996 (Cth) – application by mortgagee for vesting of property under s 133(9) for purpose of exercising power of sale – orders for application of sale proceeds and payment of surplus into Court
Legislation: Bankruptcy Act 1996 (Cth), s 133 Transfer of Land Act 1958 (Cth), s 77 Water Act 1989 (Vic)
Cases cited: Commonwealth Bank of Australia v Queensland, in the matter of Hewton [2021] FCA 22 Commonwealth Bank of Australia v Victoria [2021] FCA 705 National Australia Bank Ltd v New South Wales (2009) 182 FCR 52 National Australia Bank Ltd v New South Wales [2014] FCA 298 ING Bank (Australia) Ltd v State of Queensland [2017] FCA 411 National Australia Bank Ltd v State of Queensland [2019] FCA 1780 Re Tulloch Ltd (In Liquidation) (1978) 3 ACLR 808 Westpac Banking Corporation v Burton [2021] FCA 773
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 29
Date of hearing: Determined on the papers
Solicitor for the Applicant: Ms S Rogers of Gadens Lawyers
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