Re Parker, L.J. [1994] FCA 942
Mr Parker did not have standing or appropriate evidence to obtain interlocutory relief because his only accepted interest in the land was that he was living there, the Official Trustee was the registered proprietor, and the evidence suggested that any beneficial interest belonged either to his son or unidentified Aboriginal people. Nothing was shown to warrant ex parte interlocutory relief.
- Jurisdiction
- Australia
- Judgment Date
- 25 November 1994
- Procedural Posture
- Bankruptcy Matter Concerning Land in the Bankrupt Estate / Ex Parte Application for Interlocutory Relief
- Outcome
- Relief declined.
- Legal Topics
- ['official Trustee' 'sale of Land' 'interlocutory Relief' 'ex Parte Application' 'standing' 'registered Proprietor']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Matter Concerning Land in the Bankrupt Estate / Ex Parte Application for Interlocutory Relief
Legal Issues
- 1 ['Whether interlocutory relief should be granted ex parte to prevent the Official Trustee from entering an agreement to sell the land at 58 Filter Road, Nowra.' 'Whether Mr Parker had standing and sufficient evidence to obtain interlocutory relief.']
Ratio Decidendi
Mr Parker did not have standing or appropriate evidence to obtain interlocutory relief because his only accepted interest in the land was that he was living there, the Official Trustee was the registered proprietor, and the evidence suggested that any beneficial interest belonged either to his son or unidentified Aboriginal people. Nothing was shown to warrant ex parte interlocutory relief.
Court Disposition
Relief declined.
Orders
- ['The Court declined to grant any relief.']
Full Case Text
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