Hussain v CSR Building Products Limited

CITATION [2016] FCA 392 JUDGE/S EDELMAN J FPJ Group Pty Ltd bought goods on retention of title terms from CSR. The liquidators of FPJ claimed payments made to CSR for the goods were unfair preferences ‘in respect of an unsecured debt’: Corporations Act, s588FA. The retention of title agreement arose before commencement of the PPSA, […]

Heard v Alleasing Pty Ltd

CITATION [2013] FCA913 JUDGE/S MANSFIELD J Heard, as administrator of Mondello Farms Pty Ltd, sought an order under s442C(2)(c) of the Corporations Act allowing disposal of a potato washing and cooling line and other property subject to security interests. The court, after satisfying itself that arrangements had been made to pay out or otherwise protect […]

Hastie Group Limited (No 3)

CITATION [2012] FCA 719 JUDGE/S YATES J The administrators of the Hastie Group sought orders for dealing with property subject to security interests perfected by registration. There were 995 registrations, many of which did not describe the collateral in much detail. The administrators had written to the secured parties asking them to identify their collateral, […]

Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd APPEAL

CITATION [2018] WASCA 163 KUNC JJUDGE/S MURPHY AND MITCHELL JJA AND ALLANSON J Appeal from Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd [2017] WASC 152. Hamersley owed Forge money for work done under engineering contracts, and possibly also (Forge claimed) for making demand on performance securities in breach of the contracts. Forge […]

Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd

CITATION [2017] WASC 152JUDGE/S TOTTLE J Hamersley owed Forge money for work done under engineering contracts, and possibly also for breach of the contracts. Forge was in liquidation. Hamersley claimed that Forge it owed money for breach of the contracts, exceeding the amounts owed by Hamersley, and sought to set (or net) the relevant amounts […]

Future Revelation Ltd V Medica Radiology & Nuclear Medicine Pty Ltd

CITATION [2013] NSWSC 1741JUDGE/S BRERETON J Registrations were made in favour of Suncorp-Metway Limited as secured party, specifying its ABN rather than its ACN. The court noted that searchers would be likely to be concerned with the identity of the grantor and the collateral, and that the defect in the secured party’s details would not […]

Forge Group Power Pty Limited V General Electric International Inc

CITATION [2016] NSWSC 52JUDGE/S HAMMERSCHLAG J Forge went into voluntary administration, then liquidation. Forge had leased turbines from GE. GE failed to make a PPS registration to perfect its interest as lessor. The Court held the lease was an unperfected security interest, and so vested in Forge on administration. Accordingly Forge acquired title to the […]

Central Cleaning Supplies (Aust) Pty Ltd V Elkerton (2016)

CITATION [2016] VSC 431JUDGE/S DALY ASJ In earlier proceedings, Central Cleaning had been successful in obtaining orders that it held perfected security interests over equipment provided to Swan Services, but (as it turned out) most of the equipment was no longer in the possession of Swan Services, and Central Cleaning failed to establish that the […]

Central Cleaning Supplies (Aust) Pty Ltd V Elkerton (2015)

CITATION [2015] VSCA 92JUDGE/S MAXWELL P, TATE AND BEACH JJA On appeal from the first instance decision ([2014] VSC 61) the court held that Central Cleaning’s security interests were transitional security interests, and accordingly benefited from temporary perfection. The appeal court reversed the first instance decision as it took a different view about the way […]

Central Cleaning Supplies (Aust) Pty Ltd V Elkerton (2014)

CITATION [2014] VSC 61JUDGE/S FERGUSON J Central Cleaning supplied cleaning equipment on retention of title terms to Swan Services.  Central Cleaning and Swan Services had entered into a master agreement in the form of a credit application before the registration commencement date under the PPSA. Goods were supplied after the registration commencement date, under separate […]