Federal Court of Australia
Federal Court of Australia
Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) [2023] FCA 694 File number: NSD 133 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 26 June 2023
Catchwords: BANKRUPTCY AND INSOLVENCY — application in respect of a PPSA security interest granted by company in liquidation after appointment of liquidators and registered on the Personal Property Securities Register (PPSR) thereafter — where declaration is sought as to the liquidator being justified in not seeking an extension of time for registration on the PPSR — where s 588FL of the Corporations Act 2001 (Cth) applies to PPSA security interests granted after the "critical time" in s 588FL(7) — Held: Application granted.
Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FM
Cases cited: Birch, in the matter of Geelong Fire Services Pty Ltd (Administrators Appointed) [2022] FCA 963 Carrafa, Gountzos & Lofthouse (as liquidators of Relux Commercial Pty Ltd (in liq)) & Anor v Doka Formwork Pty Ltd [2014] VSC 570 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross (2012) 248 CLR 378; [2012] HCA 56 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (2020) 282 FCR 1; [2020] FCAFC 192 Dickerson, in the matter of McWilliam's Wines Group Ltd (admins apptd) (No 2) [2020] FCA 417 Hill (admin) in the matter of Flow Systems Pty Ltd (admins apptd) [2019] FCA 35 In the matter of OneSteel Manufacturing Pty Ltd (admins apptd) (2017) 93 NSWLR 611 In the matters of 4 in 1 Wyoming Pty Ltd & the companies listed in Schedule A to the Originating Process [2017] NSWSC 407; 120 ACSR 167 K.J. Renfrey Nominees Pty Ltd (Trustee), in the matter of OneSteel Manufacturing Pty Ltd v OneSteel Manufacturing Pty Ltd [2017] FCA 325; 120 ACSR 117 Korda, in the matter of Ten Network Holdings Ltd (admins apptd)(recs and mgrs apptd) [2017] FCA 1144; 35 ACLC 17-044 Krejci, Re Union Standard International Group Pty Ltd (admins apptd) (No 2) [2020] FCA 1111 La Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201 Mentha, in the matter of Arrium Finance Limited v National Australia Bank Limited [2017] FCA 818 Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd (in liq) [2014] FCA 1034 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Antqip: Park (Administrator), in the matter of Ellume Limited (Administrators Appointed) v Evangayle Pty Ltd (Trustee) [2022] FCA 1102 Re Antqip Pty Ltd (in liq) [2021] NSWSC 1122 Re Brashs Pty Ltd (1994) 15 ACSR 477 Re York Street Mazzanine Pty Ltd (in liq) [2007] FCA 922 Revroof Pty Ltd (receivers and managers appointed) (administrators appointed) v Taminga Street Investments Pty Ltd [2023] FCA 543 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Toll Energy and Marine Logistics Pty Ltd v Conlon Murphy Pty Ltd [2019] FCA 532; 137 ACSR 328 Valentine v Eid (1992) 27 NSWLR 615
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