Federal Court of Australia
Federal Court of Australia
MIB Family Holdings Pty Ltd as trustee for the MIB Holdings Discretionary Trust, in the matter of Gaston Resources Pty Ltd [2024] FCA 801 File number: NSD 882 of 2024
Judgment of: JACKMAN J
Date of judgment: 12 July 2024
Catchwords: CORPORATIONS – extension of time for registration of collateral on PPSR – where solicitors held standing instructions to attend to registration but did not turn their mind to the statutory requirement – whether failure to register collateral earlier was accidental or inadvertent – whether failure to register collateral earlier is not of such a nature as to prejudice creditors or shareholders
Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FM
Cases cited: PT Limited (trustee), in the matter of Pinelake Ribbon Retail Pty Limited [2024] FCA 355 Re Appleyard Capital Pty Limited; 123 Sweden AB v Appleyard Capital Pty Ltd [2014] NSWSC 782; (2014) 101 ACSR 629 Tesoriero v Cao Holdings Pty Ltd, in the matter of Cao Holdings Pty Ltd [2024] FCA 623
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 12
Date of hearing: 12 July 2024
Counsel for the Plaintiffs: Mr N Mirzai
Solicitor for the Plaintiffs: Henry William Lawyers
ORDERS NSD 882 of 2024
IN THE MATTER OF GASTON RESOURCES PTY LTD (ACN 655 278 354)
BETWEEN: MIB FAMILY HOLDINGS PTY LTD (ACN 646 841 241) AS TRUSTEE FOR THE MIB HOLDINGS DISCRETIONARY TRUST First Plaintiff
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate