Kellendonk v State of Western Australia, in the matter of Jasienska-Dudek (a Bankrupt) [2021] FCA 418

Kellendonk v State of Western Australia, in the matter of Jasienska-Dudek (a Bankrupt) [2021] FCA 418

The applicants held an equitable interest in the property based on a completed contract of sale and provision of value (release of claims) prior to bankruptcy; it was just and equitable under s 133(9) of the Bankruptcy Act 1966 (Cth) to vest the property in them absolutely, giving effect to the agreement and equitable title.

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Bankruptcy Application / Judgment on Application for Vesting Order After Property Disclaimer
Outcome
Application allowed; property vested in applicants as joint tenants absolutely.
Legal Topics
['vesting Order' 'equitable Interest in Property' 'disclaimed Property' 'sale Agreement of Land' 'mortgage Discharge']
['bankruptcy' 'property'] ['vesting Order' 'equitable Interest in Property' 'disclaimed Property' 'sale Agreement of Land' 'mortgage Discharge']

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Procedural Posture

Bankruptcy Application / Judgment on Application for Vesting Order After Property Disclaimer

Legal Issues

  1. 1 ['Whether applicants are entitled to vesting order of disclaimed property under s 133(9) of the Bankruptcy Act 1966 (Cth)' 'Whether equitable interest established by contract and unregistered transfer' 'Whether it is just and equitable to vest property in applicants']

Ratio Decidendi

The applicants held an equitable interest in the property based on a completed contract of sale and provision of value (release of claims) prior to bankruptcy; it was just and equitable under s 133(9) of the Bankruptcy Act 1966 (Cth) to vest the property in them absolutely, giving effect to the agreement and equitable title.

Court Disposition

Application allowed; property vested in applicants as joint tenants absolutely.

Orders

  • ['Pursuant to s 133(9) of the Bankruptcy Act 1966 (Cth), estate in fee simple in the property vests in applicants as joint tenants absolutely.' 'Applicants must lodge with Registrar of Titles a registrable discharge of Mortgage N318204, a sealed copy of these orders, and the duplicate certificate of title.' 'No...