Riseley v Toyota Finance Australia Ltd [2021] FCA 1566

Federal Court of Australia

Riseley v Toyota Finance Australia Ltd [2021] FCA 1566 Appeal from: Toyota Finance Australia Ltd v Riseley (Federal Circuit and Family Court of Australia (Division 2)), No. ADG 222/2021, Orders dated 26 November 2021)

File number: SAD 214 of 2021

Judgment of: BESANKO J

Date of judgment: 13 December 2021

Date of publication of reasons: 15 December 2021

Catchwords: PRACTICE AND PROCEDURE — application for stay of orders made by Federal Circuit Court of Australia — where respondent instituted proceeding against appellants seeking orders pursuant to s 123 of Personal Property Securities Act 2009 (Cth) for delivery, surrender and/or provision of location of a Toyota Hilux by appellants and that respondent and/or its agent be permitted to take reasonable steps to take possession of Toyota Hilux — where respondent had entered into loan agreement with company controlled by appellants taking Toyota Hilux as collateral for loan — where security interest in Toyota Hilux registered under Personal Property Securities Act — where appellants guaranteed repayment of loan — where default in repayment of loan — where Federal Circuit Court made orders sought by respondent — where appellants purport to appeal from orders made by Federal Circuit Court — whether appropriate to grant stay of orders pending determination of appeal — application refused HIGH COURT AND FEDERAL COURT — where order made by Federal Circuit Court pursuant to s 123 of Personal Property Securities Act — where s 123 of Personal Property Securities Act provides that secured party may seize collateral by any method permitted by law if debtor is in default under security agreement — whether ss 123, 206 and 207 of the Personal Property Securities Act conferred power or jurisdiction on the Federal Circuit Court to make the order