Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd [2021] FCA 483

Federal Court of Australia

Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd [2021] FCA 483 File number(s): VID 329 of 2020

Judgment of: ANDERSON J

Date of judgment: 13 May 2021

Catchwords: CORPORATIONS – application for declarations as to ownership of vehicle – vehicle subject to finance from third party intervener – company defaults under finance agreement – company in liquidation – liquidator purported to disclaim vehicle under s 568(1)(d) of the Corporations Act 2001 (Cth) – liquidator obtains warrant to seize property of the company – liquidator seizes vehicle which was the subject of the purported disclaimer – third party intervener accepts that its registration of security interest in respect of the vehicle was defective under the Personal Property Securities Act 2009 (Cth) (PPSA) – third party intervener accepts that, by reason of s 267(2) of the PPSA, it no longer has a security interest in the vehicle CORPORATIONS – whether liquidators' notice of disclaimer was a nullity – whether vehicle answers description in s 568(1)(d) of the Corporations Act 2001 (Cth), being property of the company that consists of property that may give rise to a liability to pay money or some other onerous obligation – vehicle was not property that may give rise to a liability to pay money or some other onerous obligation – liquidators' notice of disclaimer was a nullity and of no effect HIGH COURT AND FEDERAL COURT – declaratory relief – power to award declaratory relief – discretion to award declaratory relief – whether conduct of liquidators in seizing the vehicle after liquidators purported to issue notice of disclaimer ensures liquidators should be denied declaratory relief sought – no discretionary considerations which warrant refusing the declaratory relief sought by the liquidators