Makhoul v State of New South Wales [2022] FCA 731

Makhoul v State of New South Wales [2022] FCA 731

It is just and equitable to order that the half share in the property disclaimed by the trustee in bankruptcy and now vested in the State of New South Wales be vested in the applicant, because she remains liable under the mortgage, has uncontested interests, all parties received proper notice and do not oppose the order, and the mortgagee's interest will be protected.

Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Bankruptcy Vesting Application / First Instance Judgment
Outcome
Application allowed; vesting order made; no order as to costs.
Legal Topics
['disclaimer of Property' 'vesting Orders' 'co Ownership' 'mortgages' 'caveats']
['bankruptcy' 'property Law'] ['disclaimer of Property' 'vesting Orders' 'co Ownership' 'mortgages' 'caveats']

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Procedural Posture

Bankruptcy Vesting Application / First Instance Judgment

Legal Issues

  1. 1 ['Whether it is just and equitable for the applicant to have the disclaimed interest in the property vested in her under s 133(9) of the Bankruptcy Act 1966 (Cth)']

Ratio Decidendi

It is just and equitable to order that the half share in the property disclaimed by the trustee in bankruptcy and now vested in the State of New South Wales be vested in the applicant, because she remains liable under the mortgage, has uncontested interests, all parties received proper notice and do not oppose the order, and the mortgagee's interest will be protected.

Court Disposition

Application allowed; vesting order made; no order as to costs.

Orders

  • ['The one half share as tenant in common of the Property, disclaimed by the Bankruptcy Trustee of John Joe Makhoul and registered in the name of the State of New South Wales, vests in Rosette Makhoul, subject to any statutory charges, the mortgage to Westpac (dealing AC527324G), and the caveat by Yvonne Youssef...