Leroy (Trustee of the Bankrupt Estate of Angela Hill) v Hill

The applicant, Leroy, as trustee of the bankrupt estate of Angela Hill, sought to vary a previous court order. The dispute concerned an order for delivery up of vacant possession of a property, which had not been complied with. The application to vary the order was made to Antoni Lucev J of the Supreme Court of Western Australia.

The primary legal issue before the Court was whether to vary a previous order that referred to a writ of possession. The applicant sought to amend this reference to instead refer to a property seizure and delivery order, reflecting the nature of the relief sought in bankruptcy proceedings.

His Honour considered the nature of the existing order and the appropriate mechanism for enforcing possession in the context of a bankrupt's estate. The Court reasoned that the existing order, while perhaps referencing a writ of possession, was intended to facilitate the trustee's ability to obtain vacant possession of the property for the benefit of the creditors. The application to vary was therefore a procedural step to ensure the order accurately reflected the legal basis for the trustee's entitlement to possession.

The Court made orders varying the previous order to refer to a property seizure and delivery order.