NSW Caselaw
New South Wales Supreme Court
CITATION : The Official Trustee in Bankruptcy v Mahmoud [2006] NSWSC 1194
HEARING DATE(S) : 2 August 2006
JUDGMENT DATE : 14 November 2006
JUDGMENT OF : Rothman J
DECISION : Notice of Motion granted. Orders: 1. Judgment for the plaintiff for possession of the whole of the land contained in Certificate of Title Folio Identifier 16/SP811 being the land known as Unit 16, 417 Liverpool Road, Ashfield, in the State of New South Wales and all improvements on the land; 2. Leave is granted to the plaintiff to have a Writ issued in regard to the land described in order 1, above; 3. The defendant pay the plaintiffs cost of and incidental to these proceedings as agreed or assessed.
CATCHWORDS : COMMON LAW - summary judgment - possession of land of undischarged bankrupt - no defence disclosed in document filed as Defence - power of Trustee in Bankruptcy to dispose of property or interests in property for benefit of owner - striking out a pleading
LEGISLATION CITED : Bankruptcy Act 1966 (Cth)
CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Sullivan v Department of Transport (1978) 20 ALR 323
PARTIES : The Official Trustee in Bankruptcy Tosson Hussein Mahmoud
FILE NUMBER(S) : SC 15839/2005
COUNSEL : A: Mr R D Marshall R: In person
SOLICITORS : A: Sally Susan Nash (Sally Nash & Co) R: -
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ROTHMAN J
Tuesday 14 November 2006
15839/2005 THE OFFICIAL TRUSTEE IN BANKRUPTCY v TOSSON HUSSEIN MAHMOUD
JUDGMENT 1 HIS HONOUR: The plaintiff seeks summary judgment for possession of land owned by the defendant. 2 The defendant is an undischarged bankrupt and on 23 May 2005 the Registrar of the Federal Magistrates' Court of Australia issued a sequestration order. The Official Trustee in Bankruptcy, the plaintiff in these proceedings, acts as trustee in bankruptcy and seeks possession of the land for the purpose of realisation of assets in order to satisfy the debts of the defendant, or so much of them as it can.
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