Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QRS Investments Pty Ltd v ACN 635 717 323 Pty Ltd, in the matter of ACN 635 717 323 Pty Ltd [2020] FCA 1032 File number: NSD 763 of 2020
Judge: JAGOT J
Date of judgment: 17 July 2020
Catchwords: CORPORATIONS – application for fixing of time in respect of registration of security interest due to inadvertent delay in registration – Court has discretion to fix a later time – where a miscommunication or misunderstanding arose between solicitor and client as to terms of email – where a miscommunication or misunderstanding amounts to inadvertence – where defendants were on notice of application and did not object – application granted
Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FL(2), 588FL(2)(b)(iv), 588FM, 588FM(3) Personal Property Securities Act 2009 (Cth)
Cases cited: Re Kris Cruisers Ltd [1948] 2 ALL ER 1105 Squadron Resources Pty Ltd v Highlake Resources Pty Ltd [2018] FCA 1292
Date of hearing: 17 July 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 12
Solicitor for the Plaintiff: Peter Smith of Johnson Winter & Slattery
Counsel for the First Defendant: The First Defendant did not appear
Counsel for the Second Defendant: The Second Defendant did not appear
Counsel for the Third Defendant: The Third Defendant did not appear
Counsel for the Fourth Defendant: The Fourth Defendant did not appear
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