Relux Commercial Pty Ltd V Doka Formwork Pty Ltd

CITATION [2014] VSC 570JUDGE/S SIFRIS J Doka leased formwork equipment to Relux for an indefinite period, continuing until the equipment was returned. Some of the leases commenced more than 20 business days before registration occurred. Relux went into liquidation, and the liquidators sought a declaration that vesting had occurred under s588 FL of the Corporations […]

Pozzebon V Australian Gaming and Entertainment Ltd

CITATION [2014] FCA 1034JUDGE/S COLLIER J Pozzebon took a general security agreement from Australian Gaming and Entertainment, but did not make a registration until after the 20 business day period in s588FL of the Corporations Act had expired. Australian Gaming and Entertainment went into voluntary administration a week after the registration was made, and then […]

Power Rental Op Co Australia, LLC V Forge Group Power Pty Ltd

CITATION [2017] NSWSC 8JUDGE/S BATHUST CJ, BEAZLEY P AND WARD JA GE leased turbines to Forge, and GE failed to perfect its interest by making a registration under the PPSA. Power Rental later replaced GE as lessor. Forge went into voluntary administration, then liquidation. At first instance the court held that the lease vested in […]

Porter Equipment Australia Pty Ltd V Barton Ventures Pty Ltd (2018)

CITATION [2018] QDC 87 JUDGE/S MOYNIHAN QC DCJ In Porter Equipment Australia Pty Ltd v Barton Ventures Pty Ltd [2017] QDC 299, Porter had sought and obtained orders that it was entitled to possession of equipment subject to a security interest, and entitled to seize it under s123. Porter had sold the equipment on retention […]

Parbery v QNI Metals Pty Ltd

CITATION [2018] QSC 107JUDGE/S BOND J Application by Parbery, as liquidator of Queensland Nickel Pty Ltd, for freezing orders against QNI Metals, other companies controlled by Clive Palmer, and Mr Palmer himself. The court granted the orders, being satisfied that there was a ‘real risk’ that defendants could take action to frustrate a judgment by […]

Paladin Energy Ltd

CITATION [2017] FCA 836JUDGE/S BAKER J Application by administrators of Paladin and related companies under Corporations Act s588FM to fix a later time for registration in respect of security interests granted by Paladin to Deutsche Bank AG, where the security interests were granted after administration had commenced. The court granted the order, noting that securities […]

OneSteel Manufacturing Pty Limited

CITATION [2017] NSWSC 21 JUDGE/S BRERETON J Alleasing Pty Limited leased equipment to OneSteel, and made PPSR registrations by reference to OneSteel’s ABN rather than its ACN. OneSteel went into administration. The court held that Alleasing’s interests had vested in OneSteel. The registrations were defective as they were not made against the ACN, and the […]

Maiden Civil (P&E) Pty Ltd, Re

CITATION [2013] NSWSC 852JUDGE/S BRERETON J Maiden leased earth moving vehicles from QES, and granted a general security deed to Fast. QES did not make a registration; Fast did. Fast appointed receivers, who claimed possession of the vehicles in priority of QES, their owner. Maiden also went into administration and liquidation. The court upheld Fast’s […]