Federal Court of Australia
Federal Court of Australia
Pit N Portal Mining Services Pty Ltd v Aurora Metals Ltd (Administrators Appointed) [2023] FCA 762 File number: WAD 149 of 2023
Judgment of: FEUTRILL J
Date of judgment: 4 July 2023
Date of publications of reasons: 6 July 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – application to extend time for registration of collateral on the Personal Property Securities Register under s 588FM of the Corporations Act 2001 (Cth) – where application is made after the critical time – where application is made after appointment of administrators – where application is made in respect of the security interest by which administrators were appointed under s 436C of the Corporations Act – where ineffective registration of collateral made before the latest time – where effective registration of collateral made after latest time but before critical time – whether failure to make effective registration earlier accidental, or due to inadvertence or other sufficient cause – whether interests of unsecured creditors prejudiced by delayed registration – whether Guardian Securities condition appropriate – whether application should be heard and determined urgently
Legislation: Corporations Act 2001 (Cth) ss 436C, 436C(1), 436C(1A), 440D, 440D(1)(a), 443A, 443D, 443F, 447A, 447C, 513, 556, 588FL, 588FL(1), 588FL(2), 588FL(2)(a), 588FL(2)(b)(i), 588FL(2)(b)(ii), 588FL(2)(b)(iii), 588FL(2)(b)(iv), 588FL(4), 588FL(4)(a), 588FL(7), 588FM, 588FM(2), 588FM(2)(a), 588FM(2)(a)(i) Personal Property and Securities Act 2009 (Cth) s 21
Cases cited: Bluewaters Power 1 Pty Ltd v Griffin Coal Mining Company Pty Ltd [2019] WASC 438 Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) [2023] FCA 694 Commonwealth Bank of Australia v HM Aircraft Holdings Pty Ltd [2021] FCA 447; (2021) 152 ACSR 63 In the matter of Transurban CCT Pty Ltd and Transurban CCT Nominees Pty Limited in its own capacity and as Trustee of the Transurban CCT Trust [2014] NSWSC 1909 K.J. Renfrey Nominees Pty Ltd v OneSteel Manufacturing Pty Ltd [2017] FCA 325; (2017) 120 ACSR 117 National Australia Bank Ltd v Davis v Waddell (Vic) Pty Ltd [2003] VSC 1; (2003) 44 ACSR 296 Northern Managed Finance Pty Ltd v 4 in 1 Wyoming Pty Ltd [2017] NSWSC 407; (2017) 120 ACSR 167 Re ACE Funding Ltd [2003] FCA 59; (2003) 44 ACSR 363 Re Accolade Wines Australia Ltd [2016] NSWSC 1023 Re Appleyard Capital Pty Ltd [2014] NSWSC 782; (2014) 101 ACSR 629 Re Carpenter International Pty Ltd [2016] VSC 118; (2016) 51 VR 190 Re Enviro Pallets (NSW) Pty Ltd (in liq) [2013] QSC 220 Re Quality Blended Liquor Pty Ltd [2014] QSC 234; [2015] 2 Qd R 381 Re Southern Engineering Services Pty Ltd (in liq) [2014] NSWSC 1882 Tucker, in the matter of Aurora Metals Limited (Administrators Appointed) [2023] FCA 761
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