Federal Court of Australia
Federal Court of Australia
RnD Funding Pty Limited v Goldus Pty Limited (Subject to a Deed of Company Arrangement) [2021] FCA 1096 File number: NSD 461 of 2020
Judgment of: COLVIN J
Date of judgment: 10 September 2021
Catchwords: CORPORATIONS - application by cross-claimant for declaratory relief as to security interest in mining equipment claimed to be in possession of cross-defendants - where cross-claimant claims substantial funds owed to it by owner of property secured under general security deed - where owner of property in default under general security deed - whether mining equipment subject to security - where cross-claimant registered security interest - whether security interest defeated by purported sale of mining equipment - whether mining equipment form fixture to land - declarations made
Legislation: Mining Act 1971 (SA) ss 57, 86 Personal Property Securities Act 2009 (Cth) s 43, Part 2.5
Cases cited: Goldus Pty Ltd (Subject to a Deed of Company Arrangement) v Cummins (No 3) [2021] FCA 388 Goldus Pty Ltd (Subject to a Deed of Company Arrangement) v Cummins (No 4) [2021] FCA 1095 TEC Desert Pty Ltd v Commissioner of State Revenue [2010] HCA 49; (2010) 241 CLR 576
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 25
Date of hearing: 19 April 2021
Counsel for the Cross-Claimants: Mr DL Cook SC
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