Commonwealth of Australia v State of New South Wales

The Commonwealth of Australia filed a claim against the State of New South Wales to vest property previously owned by the deregistered entity, Condobolin Bila CDEP Limited, in the Commonwealth. The property in question was located at 34 William Street, Condobolin, NSW 2877, and identified by the folio identifiers A/302799 and 1/101395. The dispute was heard by the Supreme Court of New South Wales.

The court needed to determine whether the Commonwealth was entitled to the vesting of the disclaimed property, and if so, whether the Registrar General should cancel the existing certificates of title and issue new ones in the name of the Commonwealth. The court also needed to consider the costs of the proceedings, given the outcome of the case.

The court found in favour of the Commonwealth, ruling that the disclaimed property should indeed vest in the Commonwealth. It directed the Registrar General to cancel the existing certificates of title and issue new ones, with the Commonwealth as the registered proprietor. The court also reserved the Commonwealth's right to apply for an order regarding the costs and ultimately ordered that the Commonwealth pay the costs of the defendant.

The court made the following orders: the disclaimed property be vested in the Commonwealth; the Registrar General cancel and issue new certificates of title; the Commonwealth have liberty to apply in relation to the costs; and the Commonwealth pay the costs of the defendant.