Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toll Energy and Marine Logistics Pty Ltd v Conlon Murphy Pty Ltd [2019] FCA 532 File number: NSD 386 of 2019
Judge: GLEESON J
Date of judgment: 26 March 2019
Date of publication of reasons: 16 April 2019
Catchwords: CORPORATIONS – personal property securities – extension of registration time for purchase money security interests pursuant to s 293 of Personal Property Securities Act 2009 (Cth) – whether need for extension due to inadvertence – where failure to register was accidental – where all other secured creditors either consent or do not object to the extension of time – held, just and equitable to make order for extension of time
Legislation: Corporations Act 2001 (Cth) Personal Property Securities Act 2009 (Cth)
Cases cited: In the matter of 4 in 1 Wyoming Pty Ltd [2017] NSWSC 407; (2017) 120 ACSR 167 In the matter of Apex Gold Pty Ltd [2013] NSWSC 881 In the matter of Mehajer Bros Pty Ltd [2017] NSWSC 1852 Re Accolade Wines Australia Ltd [2016] NSWSC 1023 Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd [2014] NSWSC 782; (2014) 101 ACSR 629 Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 Re Psyche Holdings Pty Ltd [2018] NSWSC 1254
Date of hearing: 26 March 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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