Rubis v Garrett as Trustee of the Andrew Garrett Family Trust Trading as Dynamic Commercial Workforce Solutions (No 2) [2018] FCA 2011

FEDERAL COURT OF AUSTRALIA

Rubis v Garrett as Trustee of the Andrew Garrett Family Trust Trading as Dynamic Commercial Workforce Solutions (No 2) [2018] FCA 2011 File number: NSD 1848 of 2018

Judge: RARES J

Date of judgment: 30 November 2018

Catchwords: MORTGAGES – personal property securities – application to remove vexatious registrations of false security interests under Personal Property Securities Act 2009 (Cth) from Personal Property Securities Register – where s 296(a) imposes onus on person asserting that security interest attached to personal property – where such person asserts only a mere equity – whether mere equity capable of being a security interest MORTGAGES – duties of Registrar of Personal Property Securities – whether Registrar could not have been satisfied under s 150(3)(c)(i) that vexatious litigant's application to register Federal Court of Australia as grantor of security interest over all of Court's assets was not frivolous, vexatious or offensive, or contrary to the public interest yet registered alleged security interest – whether Registrar should have acted on own initiative under s 184(1)(a) to remove vexatious registrations by registering a financing change statement – where Registrar aware alleged secured party is a vexatious litigant

Legislation: Corporations Act 2001 (Cth) ss 206A, 206B Evidence Act 1975 (Cth) s 64 Federal Court of Australia Act 1976 (Cth) ss 37AO, 37AR Judiciary Act 1903 (Cth) s 78B Personal Property Securities Act 2009 (Cth) Chapter 5, Div 2 of Pt 4.3, Pt 5.6, Pt 5.7, ss 10, 12, 111, 123, 150, 151, 161, 178, 182, 183, 184, 207, 275, 296, 296A