Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Treasury Wine Estates Vintners Ltd v Garrett [2016] FCA 715 File number: VID 404 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 settlement deed – mere contractual indemnity – no security interest – no entitlement to registration – rectification of register – registering a financing change statement – appointment as "managing controller" – invalid appointment – relief granted
Legislation: Personal Property Securities Act 2009 (Cth) ss 8(1)(c), 182(4)(a)
Cases cited: National Australia Bank Ltd v Andrew Morton Garrett [2016] FCA 714 Treasury Wine Estates Vintners Ltd v Garrett [2016] FCA 496
Date of hearing: 14 June 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 29
Counsel for the Plaintiffs: Mr C T Moller
Solicitor for the Plaintiffs: Corrs Chambers Westgarth
Counsel for the First, Second and Third Defendants: The First Defendant appeared in person and on behalf of the Second and Third Defendants
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