Getakate Pty Ltd v Beniki Finance Pty Ltd (formerly LSP Finance Pty Ltd) [2021] FCA 1118

Federal Court of Australia

Getakate Pty Ltd v Beniki Finance Pty Ltd (formerly LSP Finance Pty Ltd) [2021] FCA 1118 File number(s): QUD 288 of 2021

Judgment of: GREENWOOD J

Date of judgment: 14 September 2021

Catchwords: CONTRACT – consideration of an application for an order under the Personal Property Securities Act 2009 (Cth) requiring the Registrar to register a financing change statement amending the registration of a security interest, under s 182(4) of that Act

Legislation: Personal Property Securities Act 2009 (Cth), ss 178, 182, 286, 287

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 11

Date of hearing: 14 September 2021

Solicitor for the Applicant: Mahoneys

Counsel for the Respondents: No appearance

ORDERS QUD 288 of 2021

BETWEEN: GETAKATE PTY LTD (ACN 135 694 950) Applicant

AND: BENIKI FINANCE PTY LTD (FORMERLY LSP FINANCE PTY LTD) (ACN 605 034 599) First Respondent

REGISTRAR OF PERSONAL PROPERTY SECURITIES Second Respondent

order made by: GREENWOOD J DATE OF ORDER: 14 SEPTEMBER 2021

THE COURT ORDERS THAT:

1. Pursuant to s 182 of the Personal Property Securities Act 2009 (Cth), the second respondent forthwith register a financing change statement removing the registration 201708280069808 from the Personal Property Securities Register. 2. A direction pursuant to r 1.39 of the Federal Court Rules 2011 (Cth) that the application be returnable notwithstanding that is less than five days since the application and the supporting affidavit was served on the respondents. 3. The first respondent pay the applicant's costs of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.