Federal Court of Australia
Federal Court of Australia
Michell (Trustee) v Sinnott, in the matter of Sinnott [2023] FCA 464 File number(s): VID 145 of 2022
Judgment of: BUTTON J
Date of judgment: 11 May 2023
Date of publication of reasons: 12 May 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – application for delivery of vacant possession of property and removal of personal property – application for orders for sale of property – where applicant seeks a declaration that the property vests in him as trustee pursuant to ss 58 and 116 of the Bankruptcy Act 1966 (Cth) – where there is no utility in making declaration sought – balance of orders made
Legislation: Bankruptcy Act 1966 (Cth) ss 19, 30, 54, 58, 77, 116, 134 Bankruptcy Regulations 2021 (Cth) Part 6 Div 3 Transfer of Land Act 1958 (Vic) s 51
Cases cited: Coshott v Prentice (2014) 221 FCR 450 Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian (No 3) [2022] FCA 1532 Ruhe (Trustee) v Australian Securities and Investments Commission [2022] FCA 354 Sellers, in the matter of Paksoy [2022] FCA 822 Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis (No 2) [2012] FCA 1298
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 42
Date of hearing: 11 May 2023
Solicitor for the Applicant: Mr C Reynolds of JHK Legal
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