Crushing Services International Pty Ltd trading as CSI Mining Services v Lithium Developments (Grants NT) Pty Ltd [2024] FCA 1138

Crushing Services International Pty Ltd trading as CSI Mining Services v Lithium Developments (Grants NT) Pty Ltd [2024] FCA 1138 File number:

Judgment of: FEUTRILL J

Date of judgment: 27 September 2024

Catchwords: BANKRUPTCY AND INSOLVENCY – application for order pursuant to s 588FM of the Corporations Act 2001 (Cth) – security interest in secured party's personal property - perfection of the security interest by possession – failure to register collateral due to inadvertence – prejudice to unsecured creditors

Corporations Act 2001 (Cth) ss 588FL(2)(b)(iv), 588FM Legislation: Personal Property Securities Act 2009 (Cth) ss 10, 12(1), 14(1)(a), 18(1), 19, 20(1)(a), 20(1)(b), 21, 24, 62, 267 Personal Property Securities Regulations 2010 (Cth)

Bluewaters Power 1 Pty Ltd v The Griffin Coal Mining Pty Ltd [2019] WASC 438 Central Cleaning Supplies (Australia) Pty Ltd v Elkerton (in his capacity as joint and several liquidator of Swan Services Pty Ltd (in liq)) [2015] VSCA 92; (2015) 321 ALR 181 Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2014] VSCA 326 Cases cited: Gold Valley Iron Pty Ltd (in liq) v OPS Screening & Crushing Equipment Pty Ltd [2022] WASCA 134; (2022) 59 WAR 232 Kirkalocka Gold Pty Ltd (Recs and Mgrs Apptd) v Zeneth Packif (KLK) Pty Ltd [2024] FCA 428 Re Appleyard Capital Pty Ltd [2014] NSWSC 782; (2014) 101 ACSR 629 Re Application of Guardian Securities Ltd [1984] 1 NSWLR 95; (1984) 8 ACLR 822 Re Transurban CCT Pty Ltd [2014] NSWSC 1909