Gosling v State of New South Wales [2023] FCA 1213

Gosling v State of New South Wales [2023] FCA 1213

It is just and equitable to vest the one-half share of the property formerly held by Rowena Dorraine Howell and disclaimed by the trustee in the applicant, Michael Gosling, under s 133(9) of the Bankruptcy Act 1966 (Cth), as he is the only party with an active interest, has maintained mortgage payments, and there is no opposition from any party.

Parties
Applicant: Michael Gosling; First Respondent: State of New South Wales; Second Respondent: RHG Mortgage Corporation Limited ACN 065 912 932; Third Respondent: Rowena Dorraine Howell
Jurisdiction
Australia
Judgment Date
09 October 2023
Procedural Posture
Bankruptcy Application / Hearing and Final Orders
Outcome
Application allowed
Legal Topics
Disclaimer of Property, Vesting Orders, Tenancy in Common
Bankruptcy Disclaimer of Property Vesting Orders Tenancy in Common

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Parties

Michael Gosling

Applicant

State of New South Wales

First Respondent

RHG Mortgage Corporation Limited ACN 065 912 932

Second Respondent

Rowena Dorraine Howell

Third Respondent

Procedural Posture

Bankruptcy Application / Hearing and Final Orders

Legal Issues

  1. 1 Whether the applicant is entitled to a vesting order under s 133(9) of the Bankruptcy Act 1966 (Cth) in respect of property disclaimed by the trustee in bankruptcy
  2. 2 Whether it is just and equitable to vest the property in the applicant

Ratio Decidendi

It is just and equitable to vest the one-half share of the property formerly held by Rowena Dorraine Howell and disclaimed by the trustee in the applicant, Michael Gosling, under s 133(9) of the Bankruptcy Act 1966 (Cth), as he is the only party with an active interest, has maintained mortgage payments, and there is no opposition from any party.

Court Disposition

Application allowed

Orders

  • Pursuant to s 133(9) of the Bankruptcy Act 1966 (Cth), the one half share as tenant in common of the Estate in Fee Simple of the property described as Lot 10 in Deposited Plan 246789 situated at 1 Anderson Avenue, Bullaburra, in New South Wales, disclaimed by the trustee in bankruptcy, and currently registered in...
  • Notice of these Orders is to be given by the applicant to each respondent and interested party.