Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Australia Bank Ltd v Garrett [2016] FCA 714 File number: VID 423 of 2016
Judge: BEACH J
Date of judgment: 16 June 2016
Catchwords: SECURITIES – personal property securities – registration of purported security interest under Personal Property Securities Act 2009 (Cth) – purported security interest alleged to arise from undertaking as to damages – amendment demand – no security interest – no entitlement to registration – rectification of register – registering a financing change statement – appointment as "managing controller" – invalid appointment – bills of exchange – improper presentation of bills of exchange – relief granted
Legislation: Corporations Act 2001 (Cth) ss 9, 206A, 206B(3) Federal Court of Australia Act 1976 (Cth) s 23 Personal Property Securities Act 2009 (Cth) ss 10, 12, 150(3), 151, 178, 182
Cases cited: Capital Finance Australia Ltd v Clough [2015] NSWSC 1327 Cirillo v Citicorp Australia Ltd (2004) 236 LSJS 24; [2004] SASC 293 Macquarie Leasing Pty Ltd v DEQMO Pty Ltd [2014] NSWSC 1466 Sandhurst Golf Estates Pty Ltd v Coppersmith Pty Ltd (2014) 285 FLR 267 Toyota Finance New Zealand Ltd v Christie [2009] NZHC 827
Date of hearing: 14 June 2016
Registry: Victoria
Division: General Division
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