Jefferson and Collins v Lynam (A Bankrupt)

Jefferson and Collins, acting as trustees of the bankrupt estate of Lynam, sought an order for the respondent to vacate the property located at 42 Amarina Avenue, Mooloolabah. The dispute arose out of a sale and purchase agreement for the property, which the respondent had defaulted on, leading to a declaration of bankruptcy. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the trustees were entitled to an order for the respondent to vacate the property. Additionally, the court had to consider whether the trustees could obtain a writ of possession and priority for their costs from the bankrupt estate of the respondent.

The court found that the trustees were entitled to an order for the respondent to vacate the property. The court held that the trustees were acting in their capacity as trustees of the bankrupt estate, and as such, they were entitled to the vacant possession of the property. The court also found that the trustees were entitled to a writ of possession and priority for their costs from the bankrupt estate of the respondent.

Accordingly, the court ordered the respondent to vacate the property within fourteen days. In the event that the respondent failed to vacate the property, a writ of possession was to issue forthwith. Additionally, the court ordered that the trustees' costs were to be paid in priority out of the property of the bankrupt estate of the respondent. The court also granted liberty to apply on two days' notice.