Roufeil v Jarvie [2015] FCA 1516

Roufeil v Jarvie [2015] FCA 1516

Because the trustee needed vacant possession to realise an asset of the bankrupt estate for creditors, the bankrupt and the apparent occupier had notice of the hearing, neither appeared, and there was no defence to the trustee's application, judgment for possession and related orders should be made.

Jurisdiction
Australia
Judgment Date
01 December 2015
Procedural Posture
Bankruptcy Application by Trustee for Possession of Land and Related Orders / Final Orders; Reasons for Judgment; Later Amendment of Order 1 Under R 39.05(h) of the Federal Court Rules 2011 (cth)
Outcome
Judgment for the applicant for possession of the land, with leave to issue a writ of possession and orders requiring the respondent bankrupt to deliver keys and remove rubbish and chattels; order 1 was later amended to identify the land as Certificate of Title Folio 1/32296.
Legal Topics
['trustee in Bankruptcy' 'writ of Possession' 'vacant Possession' 'service and Notice' 'amendment of Orders']
['bankruptcy' 'property Law' 'civil Procedure'] ['trustee in Bankruptcy' 'writ of Possession' 'vacant Possession' 'service and Notice' 'amendment of Orders']

Case Brief

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Procedural Posture

Bankruptcy Application by Trustee for Possession of Land and Related Orders / Final Orders; Reasons for Judgment; Later Amendment of Order 1 Under R 39.05(h) of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ['Whether the trustee of the bankrupt estate should have judgment for possession of the Kurrajong land and leave to issue a writ of possession.' 'Whether the bankrupt and an apparent occupier, Shane Dickinson, had notice of the hearing.' 'Whether orders should be made requiring the bankrupt to deliver keys and remove rubbish and chattels from the land.']

Ratio Decidendi

Because the trustee needed vacant possession to realise an asset of the bankrupt estate for creditors, the bankrupt and the apparent occupier had notice of the hearing, neither appeared, and there was no defence to the trustee's application, judgment for possession and related orders should be made.

Court Disposition

Judgment for the applicant for possession of the land, with leave to issue a writ of possession and orders requiring the respondent bankrupt to deliver keys and remove rubbish and chattels; order 1 was later amended to identify the land as Certificate of Title Folio 1/32296.

Orders

  • ['There be judgment in favour of the applicant for possession of the land at 1575 Bells Line of Road, Kurrajong in the State of New South Wales, being all that land in Certificate of Title Folio 1/32296 (land).' 'The applicant have leave to issue a writ of possession for the land.' 'The Registrar forthwith issue a...