Federal Court of Australia
Federal Court of Australia
Geronimo v State of Western Australia [2024] FCA 196 File number: WAD 308 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 5 March 2024
Date of publication of reasons: 6 March 2024
Catchwords: BANKRUPTCY - disclaimer by trustee of bankrupt's interest as tenant in common in real property - where Registrar of Titles placed caveat on title notifying disclaimer - where bankrupt's interest vested in the State - where applicant as purchaser purported to buy the property from the bankrupt and the co-owner as vendors - where purchaser and vendors represented by settlement agents for purpose of conveyance - Registrar's caveat not addressed or removed at purported settlement - where Registrar issued requisition notifying parties of issue arising from disclaimer - application made under s 133(9) of Bankruptcy Act 1966 (Cth) for bankrupt's former interest to vest in the applicant - where purchaser had acted to his detriment in entering into mortgage and incurring other expenses - no opposition from State - just and equitable to make vesting order
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 133 Property Law Act 1969 (WA) s 126 Transfer of Land Act 1893 (WA) s 234
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland, in the matter of McFarlane (a Bankrupt) [2017] FCA 696 Re Francis, Ex parte Official Trustee in Bankruptcy (1988) 19 FCR 149 Walsh v State of Queensland [2019] FCA 871
Division: General Division
Registry: Western Australia
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