Federal Court of Australia
Federal Court of Australia
Evolution Fleet Services Pty Ltd v Allroads Plant Pty Ltd [2022] FCA 1084 File number: QUD 233 of 2022
Judgment of: DOWNES J
Date of judgment: 14 September 2022
Catchwords: CORPORATIONS – application pursuant to s 588FM(1) Corporations Act 2001 (Cth) for an order fixing a later time for the purposes of s 588FL(2)(b)(iv) – failure to register security interest due to inadvertence – order made with imposition of Guardian Securities condition CORPORATIONS – application pursuant to s 293(1) Personal Property Securities Act 2009 (Cth) for an extension of the number of business days in the period specified in s 62(3) – failure to register security interest due to inadvertence – just and equitable to make orders sought – orders made
Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FM Personal Property Securities Act 2009 (Cth) ss 12(3), 13, 14, 62, 63, 293
Cases cited: Commonwealth Bank of Australia v HM Aircraft Holdings Pty Ltd (2021) 152 ACSR 63; [2021] FCA 447 Elimatta Pty Ltd v NT Bullion Pty Ltd, in the matter of NT Bullion Pty Ltd [2021] FCA 1416 One Corporate Trust Services Ltd v MLSP Assets Pty Ltd in its capacity as trustee for the MLSP Assets Trust [2022] FCA 555 In the matter of Appleyard Capital Pty Limited; 123 Sweden AB v Appleyard Capital Pty Limited (2014) 101 ACSR 629; [2014] NSWSC 782 Squadron Resources Pty Ltd v Highlake Resources Pty Ltd, in the matter of Highlake Resources Pty Ltd [2018] FCA 1292 Von Arx v Todae Solar Pty Ltd, in the matter of Todae Solar Pty Ltd (Administrators Appointed) [2020] FCA 1071
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