Federal Court of Australia
Federal Court of Australia
Australia and New Zealand Banking Group Limited v State of Victoria [2023] FCA 1640 File number(s): VID 498 of 2023
Judgment of: MCEVOY J
Date of judgment: 20 December 2023
Catchwords: BANKRUPTCY – application by mortgagee for vesting of bankrupt's property in mortgagee for the purpose of sale – application for order under s 133(9) of the Bankruptcy Act 1966 (Cth) vesting property in mortgagee – effect of disclaimer by trustee in bankruptcy – where mortgagee seeks to utilise powers as mortgagee under s 77 of the Transfer of Land Act 1958 (Vic)
Legislation: Bankruptcy Act 1966 (Cth) ss 133(1AA), 133(9) Federal Court of Australia Act 1976 (Cth) s 20A Transfer of Land Act 1958 (Vic) ss 76, 77
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland [2018] FCA 464 Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 Commonwealth Bank of Australia v State of Queensland, in the matter of Ginn [2016] FCA 1337 National Australia Bank Limited v State of South Australia (No 2) [2015] FCA 240 National Australia Bank Ltd v State of New South Wales [2014] FCA 298 St George – A Division of Westpac Banking Corporation v State of Western Australia [2020] FCA 397
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
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