Federal Court of Australia
Federal Court of Australia
Shire of Carnarvon v State of Western Australia [2024] FCA 1064 File number: WAD 193 of 2023
Judgment of: JACKSON J
Date of judgment: 13 September 2024
Catchwords: CORPORATIONS - application by local government for vesting order and ancillary orders under s 133(9) of the Bankruptcy Act 1966 (Cth) - vesting of a 50% interest in a fee simple estate sought to facilitate a statutory power of sale over the whole estate - effect of disclaimer where a statutory charge held over land - application consented to by mortgagee - within power and just and equitable to vest the interest and make ancillary orders liberalising the process of sale of the whole estate
Legislation: Bankruptcy Act 1966 (Cth) s 133 Local Government Act 1995 (WA) ss 6.43, 6.56, 6.64, 6.68, Schedule 6.3 Transfer of Land Act 1893 (WA) s 188
Cases cited: Australia and New Zealand Banking Group Limited v State of Queensland [2018] FCA 464 Australia and New Zealand Banking Group Limited v State of Victoria [2023] FCA 1640 Commonwealth Bank of Australia v State of Queensland, in the matter of Hewton [2021] FCA 22 Commonwealth Bank of Australia v Queensland [2020] FCA 582 Geronimo v State of Western Australia [2024] FCA 196 Kellendonk v State of Western Australia, in the matter of Jasienska-Dudek (a Bankrupt) [2021] FCA 418 Lucan (Trustee) v State of New South Wales, in the matter of the Bankrupt Estate of Williams [2022] FCA 751 National Australia Bank Limited v The State of Victoria [2010] FCA 1230 St George - A Division of Westpac Banking Corporation v State of Western Australia [2020] FCA 397
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