Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd, in the matter of Australian Gaming and Entertainment Ltd (in liq) [2014] FCA 1034

FEDERAL COURT OF AUSTRALIA

Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd, in the matter of Australian Gaming and Entertainment Ltd (in liq) [2014] FCA 1034 Citation: Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd, in the matter of Australian Gaming and Entertainment Ltd (in liq) [2014] FCA 1034

Parties: LUIGI LOUIS POZZEBON AND LORRAE DEANNE POZZEBON AS TRUSTEES FOR THE POZZEBON FAMILY SUPERANNUATION FUND v AUSTRALIAN GAMING AND ENTERTAINMENT LTD (IN LIQUIDATION) (ACN 149 057 741)

File number: QUD 292 of 2014

Judge: COLLIER J

Date of judgment: 24 September 2014

Corrigendum: 29 September 2014

Catchwords: PERSONAL PROPERTY – Security interest – whether security interest over personal property under Personal Property Securities Act 2009 (Cth) valid and enforceable against company in liquidation – whether security interest vested in company in liquidation – s 588FL(2) Corporations Act 2001 (Cth) – whether security interest perfected by registration and by no other means – whether attachment and enforceability constitute "other means" of perfection – meaning of s 21 PPSA – interaction of s 21(1)(b) and s 21(2) PPSA BANKRUPTCY AND INSOLVENCY – application under s 500(2) Corporations Act 2001 (Cth) for leave to proceed against company in creditors voluntary liquidation

Legislation: Corporations Act 2001 (Cth) Pt 5.7B, ss 500(2), 588FL(2), 588FL(2)(a)(ii), 588FL(4) Personal Property Securities Act 2009 (Cth) ss 21(1), 21(1)(b), 21(2)(a), 21(2)(b) and (c), 156, 207, 267 Superannuation Industry (Supervision) Act 1993 (Cth) Explanatory Memorandum, Personal Property Securities (Corporations and Other Amendments) Bill (Cth) 2010 cl 6.2 Replacement Explanatory Memorandum, Personal Property Securities Bill (Cth) 2009