Federal Court of Australia
Federal Court of Australia
ENZED Nominees Pty Ltd v State of Western Australia [2024] FCA 620 File number: WAD 43 of 2024
Judgment of: COLVIN J
Date of judgment: 22 March 2024
Date of publication of reasons: 12 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY - application by former bankrupt for order under s 133(9) of Bankruptcy Act 1996 (Cth) vesting property in him and for removal of caveat - where trustee in bankruptcy disclaimed real property for onerous covenants - where caveat lodged over property by Registrar of Titles - where debts of bankrupt discharged in full - where bankruptcy annulled - whether former bankrupt's interest in property sufficient to bring application pursuant to s 133(9) - whether just and equitable for the Court to make an order pursuant to s 133(9) - whether caveat ought to be removed - held just and equitable to make order - property to vest in former bankrupt - Registrar of Titles to remove caveat
Legislation: Bankruptcy Act 1966 (Cth) ss 133, 153A, 154
Cases cited: Lucan (Trustee) v State of New South Wales, in the matter of the Bankrupt Estate of Williams [2022] FCA 751 National Australia Bank Ltd v State of New South Wales [2009] FCA 1066; (2009) 182 FCR 52 Walsh v State of Queensland [2019] FCA 871
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 18
Date of hearing: 22 March 2024
Counsel for the Applicants: Mr T Galic
Solicitor for the Applicants: TGC Lawyers
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