The Court vested a bankrupt's disclaimed interest in real property in the Shire of Goomalling under s 133(9) of the Bankruptcy Act 1966 to enable the Shire to exercise its statutory power of sale under the Local Government Act 1995 (WA) to recover approximately $47,000 in outstanding rates. The Court confirmed, following Shire of Carnarvon [2024] FCA 1064, that a local government's statutory charge over land with a concomitant power of sale constitutes a sufficient 'interest' in disclaimed property for the purposes of s 133(9). The Court adopted the approach from AFSH Nominees [2022] FCA 1168 that any surplus proceeds be paid into Court, with payment to the Crown after two years if unclaimed.
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