Scott (Trustee) v Carter

The applicant, the Trustee in Bankruptcy, sought an order for vacant possession of property from the respondent, the bankrupt, under section 30 of the *Bankruptcy Act 1966* (Cth). The application was heard *ex parte*.

The court was required to determine whether the necessary conditions under the *Uniform Civil Procedure Rules 2005* (NSW) were met for the making of such an order, and whether the court possessed sufficient power to grant the requested relief against the bankrupt.

Judge Humphreys found that the requirements of the relevant rules were satisfied and that the court had the power to make the orders sought. Consequently, the court made orders granting the Trustee in Bankruptcy vacant possession of the property.