Carrafa v Saxton

In *Carrafa v Saxton*, the applicant, the trustee in bankruptcy, sought an order for vacant possession of a property that had vested in the trustee. The property was occupied by the bankrupt. The matter came before Judge Riethmuller.

The central legal issue before the Court was whether the trustee was entitled to an order for vacant possession of the bankrupt's property, which was currently occupied by the bankrupt.

Judge Riethmuller reasoned that upon the sequestration of the bankrupt's estate, the property vested in the trustee. The trustee's right to possession followed from this vesting. As there were no specific circumstances or matters of principle raised by the bankrupt to resist the trustee's claim for possession, the Court applied the established principle that a trustee in bankruptcy is entitled to obtain vacant possession of property vested in them.

The application for vacant possession was granted.