Harrison v Pollock

The applicant, the Trustee in Bankruptcy, sought vacant possession of a property registered in the name of the Bankrupt Respondent. The Bankrupt Respondent did not appear at the hearing of the application.

The primary legal issue before the Court was whether the Bankrupt Respondent had been given sufficient notice of the Trustee's application for vacant possession of the property.

Judge Emmett considered the evidence regarding the service of the application documents. The Court found that the Trustee had taken all reasonable steps to notify the Bankrupt Respondent of the proceedings, including serving documents at the Bankrupt Respondent's last known address and by email. The Court was satisfied that the Bankrupt Respondent had been afforded sufficient notice.

The Court made orders for vacant possession of the property to be delivered to the Trustee in Bankruptcy.