Hausler v State of Queensland [2019] FCA 1904

Hausler v State of Queensland [2019] FCA 1904

The Court was satisfied that Ms Hausler claimed an interest in the property and all potentially interested parties had been heard; it was just and equitable to vest the relevant estate in fee simple in favour of Ms Hausler subject to certain conditions, including protection of the secured debt to the Commonwealth Bank and outstanding statutory or other charges.

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Application for Vesting Order Under Bankruptcy Act / Judgment and Orders After Hearing
Outcome
Application granted; vesting order made in favour of the applicant subject to stated conditions; no order as to costs.
Legal Topics
['vesting of Disclaimed Property' 'section 133(9) Bankruptcy Act' 'equitable Interests After Disclaimer' 'conditions for Vesting Order']
['bankruptcy and Insolvency' 'property Law'] ['vesting of Disclaimed Property' 'section 133(9) Bankruptcy Act' 'equitable Interests After Disclaimer' 'conditions for Vesting Order']

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Procedural Posture

Application for Vesting Order Under Bankruptcy Act / Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether the applicant has an interest in the property for the purposes of s 133(9) of the Bankruptcy Act 1966 (Cth)' 'Whether all persons who may have an interest in the property have been heard' 'Whether it is just and equitable to make a vesting order and on what terms']

Ratio Decidendi

The Court was satisfied that Ms Hausler claimed an interest in the property and all potentially interested parties had been heard; it was just and equitable to vest the relevant estate in fee simple in favour of Ms Hausler subject to certain conditions, including protection of the secured debt to the Commonwealth Bank and outstanding statutory or other charges.

Court Disposition

Application granted; vesting order made in favour of the applicant subject to stated conditions; no order as to costs.

Orders

  • ['Pursuant to s 133(9) of the Bankruptcy Act 1966 (Cth), the estate in fee simple in the land described as Lot 1 on Building Unit Plan 70316, Title Reference 21238144 and situated at 1/2 Cayley Street, Trinity Beach, Queensland, presently registered in the name of Robyn Jane Hausler, vested in Robyn Jane Hausler...