Federal Court of Australia
Federal Court of Australia
Rothuan Pty Ltd v Acumen Finance Pty Ltd [2023] FCA 401 File number(s): NSD 94 of 2023
Judgment of: JACKMAN J
Date of judgment: 24 April 2023
Catchwords: CONTRACTS – application for removal of registration of purported security interests in personal and real property – proceedings ex parte – where purported security interests arise pursuant to various contracts – contracts with a deregistered entity void – where a party denies ever signing a contract – alternatively, where agreement made to remove the security interests
Legislation: Corporations Act 2001 (Cth) s 601AD Federal Court of Australia Act 1976 (Cth) s 51A Personal Property Securities Act 2009 (Cth) s 182 Federal Court Rules 2011 (Cth) rr 4.01, 41.09 Real Property Act 1900 (NSW) ss 74M, 74MA, 74O
Cases cited: Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 29
Date of hearing: 24 April 2023
Counsel for the Applicants: Mr L Teoh
Solicitor for the Applicants: Minas & Associates
Counsel for the Fourth Respondent: Mr B May
Solicitor for the Fourth Respondent: Australian Government Solicitor
ORDERS NSD 94 of 2023
BETWEEN: ROTHUAN PTY LTD First Applicant
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