Gosling v State of New South Wales [2023] FCA 1213

Federal Court of Australia

Gosling v State of New South Wales [2023] FCA 1213 File number(s): NSD 311 of 2023

Judgment of: BURLEY J

Date of judgment: 9 October 2023

Date of publication: 11 October 2023

Catchwords: BANKRUPTCY – application by co-owner of real property under s 133(9) of the Bankruptcy Act that the one-half share registered in the name of the State of New South Wales vest in the applicant – where the share the subject of the application disclaimed by trustee in bankruptcy pursuant to s 133(1) – no opposition to orders by any interested party – application allowed.

Legislation: Bankruptcy Act 1966 (Cth)

Cases cited: Aprile v State of Queensland, in the matter of Leftwich [2021] FCA 471 Commonwealth Bank of Australia v Queensland, in the matter of Hewton [2021] FCA 22 Makhoul v State of New South Wales [2022] FCA 731

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 23

Date of hearing: 9 October 2023

Solicitor for the Applicant: Ms F Reynolds of Turks Legal

ORDERS NSD 311 of 2023

BETWEEN: MICHAEL GOSLING Applicant

AND: STATE OF NEW SOUTH WALES First Respondent

RHG MORTGAGE CORPORATION LIMITED ACN 065 912 932 Second Respondent

ROWENA DORRAINE HOWELL Third Respondent

order made by: BURLEY J DATE OF ORDER: 9 October 2023

THE COURT ORDERS THAT:

1. Pursuant to s 133(9) of the Bankruptcy Act 1966 (Cth), the one half share as tenant in common of the Estate in Fee Simple of the real property described in Lot 10 in Deposited Plan 246789 situated at 1 Anderson Avenue, Bullaburra, in the State of New South Wales (property), disclaimed by the Trustee in Bankruptcy of Rowena Dorraine Howell, and currently registered in the name of the State of New South Wales, vest in the applicant, Michael Gosling, subject to: (a) any charges relating to the property imposed by Statute or otherwise including, but not limited to, any unpaid land tax, Local Government rates and water and sewerage or similar charges; and (b) the mortgage to the second respondent (RHG Mortgage Corporation Limited) registered with dealing number AC844339X. 2. Notice of these Orders is to be given by the applicant to each respondent and interested party. 3. No order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.