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Westpac Banking Corporation v State of Queensland [2016] FCA 269

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REAL PROPERTY - default in payment by registered proprietor upon loan secured by mortgage over property - bankruptcy of registered proprietor - disclaimer of title to property by trustee in bankruptcy of registered proprietor - application by lender for orders vesting title to the property in it for the purposes of sale - claim by current occupant of the property to a subsisting equitable interest arising from a resulting or constructive trust BANKRUPTCY - effect of disclaimer of property by trustee in bankruptcy when conveyance of legal title had not been obtained - operation of discretion to vest title under s 133(9) of the Bankruptcy Act 1966 (Cth) - manner of exercise of that power in circumstances of competing claims by mortgagee and person with rights in equity MORTGAGES - effect upon mortgage of disclaimer of title by trustee in bankruptcy - effect on mortgage of escheat of fee simple to the Crown in right of the State

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