Commonwealth Bank of Australia v Western Australia Land Authority trading as Land Corp [2013] FCA 888

Commonwealth Bank of Australia v Western Australia Land Authority trading as Land Corp [2013] FCA 888

The statutory requirements for a vesting order under s 133(9) of the Bankruptcy Act 1966 (Cth) are met: the property is 'disclaimed property', the applicant is a person claiming an interest, and the fourth respondent is a person entitled to the property. There being no opposition, and it being just and equitable,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Application for Vesting Order / Decision and Orders on Originating Application
Outcome
Orders made as sought; vesting order granted
Legal Topics
['vesting Order' 'disclaimed Property' 'registration of Interests' 'stamp Duty']
['bankruptcy' 'property Law'] ['vesting Order' 'disclaimed Property' 'registration of Interests' 'stamp Duty']

Source-derived case record

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Procedural Posture

Application for Vesting Order / Decision and Orders on Originating Application

Legal Issues

  1. 1 ['Whether the conditions for a vesting order under s 133(9) of the Bankruptcy Act 1966 (Cth) are met' 'Whether it is just and equitable to make the orders sought in respect of the disclaimed property']

Ratio Decidendi

The statutory requirements for a vesting order under s 133(9) of the Bankruptcy Act 1966 (Cth) are met: the property is 'disclaimed property', the applicant is a person claiming an interest, and the fourth respondent is a person entitled to the property. There being no opposition, and it being just and equitable, the Court grants the orders sought, to effect the outcome contemplated by the contract of sale but for the bankruptcy.

Court Disposition

Orders made as sought; vesting order granted

Orders

  • ['Title in the property at 16 Finch Street, Nickol, Western Australia (Certificate of Title Volume 2669 Folio 410) is vested in the fourth respondent, Karratha Commercial Properties, freed from all encumbrances, subject to certain conditions.' 'Declaration that stamp duty relating to the transfer between Anita...