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IWC Industries Pty Ltd v Sergienko

In resolving the determination of a priority dispute between a beneficiary of a trust and an equitable mortgagee, the Court applied principles regarding “postponing” conduct to beneficiaries (and the rule in Shropshire’s case) and considered the relevance of surrounding commercial circumstances, including the failure to caveat.

Bankrupting on a non-provable debt

In ASIC v King, the Federal Court recognised the Court’s jurisdiction to bankrupt a debtor on the petition of a creditor who is owed a debt that is not provable in bankruptcy (in this case, a pecuniary penalty order), finding that it is a matter of discretion whether to make a sequestration order.

Trespass v Adverse Possession

The owners of land abutting the Tullamarine Freeway sought damages in the Supreme Court of Victoria for trespass and the relocation of CityLink’s noise wall after it was discovered to be encroaching onto their land. Their case was largely unsuccessful due to the Limitation of Actions Act.