Federal Court of Australia
Federal Court of Australia
De Lage Landen Pty Ltd v Blayney Crane Services Pty Ltd, in the matter of Blayney Crane Services Pty Ltd [2020] FCA 1692 File number(s): NSD 972 of 2020
Judgment of: GLEESON J
Date of judgment: 26 November 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – relief sought under s 293(1)(a) of the Personal Property Securities Act 2009 (Cth) – where security holder lodged registrations against the vehicles' chassis number rather than the vehicle identification number (VIN) –"inadvertence" under s 293(3)(a) – relief granted BANKRUPTCY AND INSOLVENCY – relief sought under s 588FM of the Corporations Act 2001 (Cth) – where grantor companies previously under external administration – interpretation of "critical time" under s 588FL(7) – whether s 588FL operates at all where grantor company is no longer under external administration – relief under s 588FM refused
Legislation: Corporations Act 2001 (Cth) ss 51, 435A, 435C, 436A, 436B, 436C, 439A, 444A, 513A, 513B, 513C, 588FK, 588FL, 588FM Personal Property Securities Act 2009 (Cth) ss 12, 13, 14, 62, 293
Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Dickerson, in the matter of McWilliam's Wines Group Ltd (Administrators Appointed) (No 2) [2020] FCA 417 Hill (Administrator) in the matter of Flow Systems Pty Ltd (Administrators Appointed) [2019] FCA 35 In the matter of 4 in 1 Wyoming Pty Ltd & the companies listed in Schedule A to the Originating Process [2017] NSWSC 407 In the matter of Accolade Wines Limited [2016] NSWSC 1023 In the matter of Appleyard Capital Pty Limited; 123 Sweden AB v Appleyard Capital Pty Limited [2014] NSWSC 782; 101 ACSR 629 KJ Renfrey Nominees Pty Ltd (Trustee), in the matter of OneSteel Manufacturing Pty Ltd v OneSteel Manufacturing Pty Ltd [2017] FCA 325; 120 ACSR 117 Korda, in the matter of Ten Network Holdings Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] FCA 1144 National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543; 377 ALR 627
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