Scottish Pacific (BFS) Pty Ltd v Registrar of Personal Property Securities [2017] FCA 1378

FEDERAL COURT OF AUSTRALIA

Scottish Pacific (BFS) Pty Ltd v Registrar of Personal Property Securities [2017] FCA 1378 File number: NSD 1126 of 2017

Judge: FARRELL J

Date of judgment: 24 November 2017

Catchwords: PERSONAL PROPERTY – application to restore data to Personal Property Securities Register under Personal Property Securities Act 2009 (Cth) ss 186 and 195 – where Personal Property Securities Registrar not satisfied that data was "incorrectly removed" – where Registrar refused to restore data – where application for an order requiring Registrar to restore data and for declarations that data was "incorrectly removed" – where application not made under Administrative Decisions (Judicial Review) Act 1977 (Cth) – application dismissed ADMINISTRATIVE LAW – where Personal Property Securities Registrar refused to restore data to the Personal Property Securities Register under Personal Property Securities Act 2009 (Cth) ss 186 and 195 – whether application for orders sought must be made made under Administrative Decisions (Judicial Review) Act 1977 (Cth) for Court to order restoration of data to Register – held: application pursuant to Administrative Decisions (Judicial Review) Act 1977 (Cth) required

Legislation: Acts Interpretation Act 1901 (Cth) s 38(1) Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 8, 18A, Sch 1 Corporations Act 2001 (Cth) ss 500, 588FL, 588 FM Federal Court of Australia Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) s 39B Personal Property Securities Act 2009 (Cth) ss 56, 150, 151, 186, 191, 195, 206, 207 Personal Property Securities Bill 2009 (Cth) Replacement Explanatory Memorandum