Robinson Grain Trading Co Pty Ltd, in the matter of Rain-AG Shipping Services Pty Ltd [2024] FCA 714

FEDERAL COURT OF AUSTRALIA

Robinson Grain Trading Co Pty Ltd, in the matter of Rain-AG Shipping Services Pty Ltd [2024] FCA 714 File number(s): NSD 780 of 2024

Judgment of: HALLEY J

Date of judgment: 3 July 2024

Catchwords: CORPORATIONS – application seeking to extend time to register security interests on the Personal Property Securities Register – application pursuant to s 588FM of the Corporations Act 2001 (Cth) – application pursuant to s 293 of the Personal Property Securities Act 2009 (Cth) – whether failure to register security interest was accidental or inadvertent – whether there is prejudice to creditors, shareholders or other secured parties – whether it is just and equitable to make orders sought – whether persons acted in reliance on registration period having ended – orders made

Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FM Personal Property Securities Act 2009 (Cth) ss 14, 55, 62, 165, 267, 293

Cases cited: Elimatta Pty Ltd v NT Bullion Pty Ltd, in the matter of NT Bullion Pty Ltd [2021] FCA 1416 Gemi 143 Pty Ltd v The Gosford Pty. Limited (Receivers and Managers Appointed), in the matter of The Gosford Pty. Limited [2023] FCA 1375 In the matter of 4 in 1 Wyoming Pty Ltd [2017] NSWSC 407 In the matter of Apex Gold Pty Ltd ACN 124 893 778 [2013] NSWSC 881 In the matter of Cardinia Nominees Pty Ltd [2013] NSWSC 32 Re Accolade Wines Australia Ltd [2016] NSWSC 1023 Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd (2014) 101 ACSR 629; [2014] NSWSC 782 Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 Re David Brown Gear Industries Pty Ltd [2017] NSWSC 907 Re Duke Contracting Australia Pty Ltd [2017] NSWSC 767 Re Psyche Holdings Pty Ltd [2018] NSWSC 1254 Re Transurban CCT Pty Ltd (in its own capacity and as trustee of the Transurban CCT Trust) [2014] NSWSC 1909