Australia and New Zealand Banking Group Limited v State of Western Australia, in the matter of Aman

Australia and New Zealand Banking Group Limited (the Bank) sought orders vesting two properties in it, free from statutory charges, and declaring it entitled to possession of the properties, as well as any surplus from their sale. The properties were subject to mortgages to the Bank, secured by loans to Yusman Aman and Nikita Aman, who were subsequently made bankrupt. Graeme Lean was appointed trustee in bankruptcy and disclaimed any interest in the properties. The Bank sought the orders under s 133(9) of the Bankruptcy Act 1966 (Cth). The trustee did not oppose the application, and the State of Western Australia did not oppose the orders sought, but intervened for the purpose of ensuring the appropriate allocation of any surplus from the sale of the properties. The court had to decide whether vesting the properties in the Bank, and granting it the other orders sought, was in the interests of justice. The court considered the provisions of the Bankruptcy Act, the Transfer of Land Act 1893 (WA), and the National Consumer Credit Protection Act 2009 (Cth). It also considered the rights and obligations of the Bank under the Residential Tenancies Act 1987 (WA), which applied to the properties, and the appropriate allocation of any surplus from the sale of the properties. The court determined that the Bank was entitled to the orders sought, subject to certain conditions, including that it serve additional default notices, provide notice to vacate to any occupants, and account for the proceeds of sale. The court also made declarations that the Bank was entitled to possession of the properties. The court ordered that the estate in fee simple of the properties vest in the Bank, subject to the conditions mentioned above. It also ordered that the Bank was entitled to possession of the properties and that any surplus from the sale of the properties be paid to the registrar of the Court. No order as to costs was made.