Bredenkamp v Gas Sensing Technology Corporation, in the matter of Welldog Pty Ltd (In Liq) (Receivers and Managers Appointed) [2017] FCA 1065

FEDERAL COURT OF AUSTRALIA

Bredenkamp v Gas Sensing Technology Corporation, in the matter of Welldog Pty Ltd (In Liq) (Receivers and Managers Appointed) [2017] FCA 1065 File numbers: WAD 401 of 2017 WAD 416 of 2017

Judge: BARKER J

Date of judgment: 7 September 2017

Catchwords: CORPORATIONS – application for directions and declarations as to ownership of equipment – where company in liquidation and administrators appointed – whether equipment vested in receivers of company pursuant to s 588FL of the Corporations Act 2001 (Cth) and s 267 of the Personal Property Securities Act 2009 (Cth) (PPSA) – in the alternative, whether defendant entitled to possession of equipment – whether equipment subject to PPS lease under s 13 of PPSA – whether equipment held under bailment for indefinite term – whether defendant regularly engaged in business of bailing goods – whether defendant provided value for bailments – "gratuitous bailments"

Legislation: Corporations Act 2001 (Cth) s 439A, s 588FL Personal Property Securities Act 2009 (Cth) ss 10, 12(1), 12(3), 12(3)(c), 13, 13(1), 13(1)(b), 13(2), 13(2)(a), 13(2)(b), 13(3), 19, 19(2), 20, 21, 267, 267(1), 267(2) Personal Property Securities Amendment (PPS Leases) Act 2017 (Cth)

Cases cited: Ashby v Tolhurst [1937] 2 KB 242; [1937] 2 All ER 837 Clambake Pty Ltd v Tipperary Projects Pty Ltd [No 3] [2009] WASC 52 Forge Group Power Pty Ltd (in liq) (receivers and mangers appointed) v General Electric International Inc (2016) 305 FLR 101; [2016] NSWSC 52 Halbauer v Brighton Corporation [1954] 2 All ER 707 Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] WASC 152 Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220 Langdon, in the matter of Forge Group Limited (Receivers and Managers Appointed) (in liq) [2017] FCA 170 Midland Silicones Ltd v Scruttons Ltd [1959] 2 QB 171 Perpetual Trustees & National Executors of Tasmania Ltd v Perkins (1989) Aust Torts Reports 80-295 Rabobank New Zealand v McAnulty [2011] NZCA 212 Re Arcabi Pty Ltd (Receivers and Managers Appointed) (in liq) [2014] WASC 310 Re Maiden Civil (P&E) Pty Ltd [2013] NSWSC 852 WD & HO Wills (Aust) Ltd v State Rail Authority (1998) 43 NSWLR 338