Burge v Commonwealth Bank of Australia (No 2) [2016] FCA 1555

Burge v Commonwealth Bank of Australia (No 2) [2016] FCA 1555

The application for interlocutory injunctive relief was refused because the property had already been sold at auction and the interests of the bona fide purchaser must be protected; additionally, there had been no change in circumstances since the previous refusal of similar relief.

Jurisdiction
Australia
Judgment Date
19 December 2016
Procedural Posture
Interlocutory Application / Hearing and Determination of Interlocutory Application
Outcome
Interlocutory Application dismissed with costs.
Legal Topics
['interlocutory Injunctive Relief' 'transfer of Property' 'possession and Sale of Real Estate']
['commercial Law' 'corporations Law' 'corporate Insolvency'] ['interlocutory Injunctive Relief' 'transfer of Property' 'possession and Sale of Real Estate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Hearing and Determination of Interlocutory Application

Legal Issues

  1. 1 ['Whether interlocutory injunctive relief should be granted to restrain transfer of title after auction sale' 'Whether applicant is entitled to defend possession and sale of her properties']

Ratio Decidendi

The application for interlocutory injunctive relief was refused because the property had already been sold at auction and the interests of the bona fide purchaser must be protected; additionally, there had been no change in circumstances since the previous refusal of similar relief.

Court Disposition

Interlocutory Application dismissed with costs.

Orders

  • ['The Interlocutory Application filed by the applicant on 12 December 2016 be dismissed.' "The applicant pay the first respondent's costs of and incidental to that Application."]