14 Dec 2022
Because the disclaimer under s117 left the body corporate with no practical means to recover significant unpaid levies and it therefore suffered loss within the meaning of s119, and because prior authority and the circumstances demonstrated that it is fair to do so, the Court exercised its power under s119(1)(b) to vest the disclaimed unit in the applicant.
26 Aug 2022
Leave to proceed by originating application was granted and an order under s 324(4)(a) was made vesting Unit H in Picklepie Limited because the applicant demonstrated it had approached all potential claimants, the liquidators and mortgagee did not assert an interest, independent advice found no realistic constructive trust, and the Crown (Treasury) did not object and would abide the Court’s decision, satisfying the statutory criteria for vesting.
28 Apr 2022
An institutional constructive trust arose in favour of the purchaser (Betty Margaret Corlett) by 13 December 1980; property was held by O F Lindsay & Associates Ltd as constructive trustee and therefore could not be vested under s 324(4)(a). The appropriate remedial route is to apply the Trusts Act 2019: remove the defunct corporate trustee under s 112 and appoint Public Trust as replacement trustee under s 114, and the originating application may be amended under r 1.9 to seek that relief. Orders were made accordingly, with a short reservation period before sealing to allow Public Trust to b…
29 Jul 2021
Because Region Broadview is the registered owner of the associated allotment that would have received the Sunshine Bay share but for the historic error, no party opposed the application, and the Crown cannot practically sign the consent or hold the share in the required manner, the Court will exercise its power under s 324(4) of the Companies Act 1993 to vest the one‑eighth share of Lot 15 DP19666 (OT11D/1455) in Region Broadview to enable the lawful vesting of Miller Place as a road.
16 Jul 2019
The Court has an implied power to make conditional or joint vesting orders under s119 where necessary for fairness, but fairness must be assessed in context including post-disclaimer conduct and practicalities; adjudication and disclaimer extinguished PRA rights and vested the asset in the Crown so Family Court cannot resolve post-vesting disputes; here the sole fairest outcome was to vest the property in Reece because he alone preserved the property by making payments after separation and joint vesting would be impractical and fail to provide a workable means to recognise his substantial pos…
13 Sept 2018
The mortgage was held on trust for the applicant and s 52(1)(b)(iv) Trustee Act 1956 authorises the Court to vest the mortgage in him; leave to commence by originating application under r 19.5 is appropriate and the mortgage B495050.3 is vested in Patrick Christopher Bowler.
14 Feb 2018
The money judgment and associated possession order were set aside because the defendant's liability for the claimed mortgage debt was provable in his bankruptcy and he had been discharged, meaning no enforceable personal debt remained against him; accordingly the money judgment against him and the possession order based on that personal claim were improperly entered and must be rescinded.
21 Oct 2016
The court applied s119(1) and granted the vesting order because the applicants demonstrated they had suffered loss as a result of the Official Assignee's disclaimer, the affected parties consented or did not oppose, and it was appropriate in the interests of justice to dispense with service; accordingly the disclaimed one‑third share was vested equally in the two remaining owner groups, resulting in each holding a one‑half share.
18 Oct 2016
Because the Official Assignee had disclaimed the bankrupt's interest and did not oppose revesting, Westpac consented, the Treasury did not object and the co-owner supported the application, the Court properly dispensed with service and granted the revesting order under s119(2).
16 May 2016
The Court found the applicant had suffered loss as a result of the Official Assignee's disclaimer and that, having regard to the absence of other interests, the prospects of the claim, and the applicant's serious personal and financial hardship, it was fair under s119(3) to vest the disclaimed family provision cause of action in the applicant; accordingly an order vesting the claim in Michelle Jane Hodder was made.