In the matter of 100% Plumbing Maintenance Pty Ltd [2021] NSWSC 103

Supreme Court New South Wales

Medium Neutral Citation: In the matter of 100% Plumbing Maintenance Pty Ltd [2021] NSWSC 103 Hearing dates: 15 February 2021 Date of orders: 15 February 2021 Decision date: 18 February 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Extend time under s 588FM of Corporations Act 2001 (Cth) and s 293 of the Personal Property Securities Act 2009 (Cth) to register security interests on Personal Property Securities Register. Catchwords: CORPORATIONS – Security interests incorrectly registered – inadvertence – whether extension of time should be granted to register corrected security interests. Legislation Cited: - Corporations Act 2001 (Cth) ss 588 FL, 588FM - Personal Property Securities Act 2009 (Cth) ss 55, 62, 153, 293 Cases Cited: - BMW Australia Finance Ltd v @Civic Park Medical Centre Pty Ltd as trustee for @Civic Park Medical Centre Trust [2019] FCA 999 - IBM Global Financing Australia v Applied Business Technology Pty Ltd [2018] NSWSC 1984 - Re Accolade Wines Australia Limited [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 Category: Principal judgment Parties: Toyota Finance Australia Ltd (First Plaintiff) Australian Alliance Automotive Finance Pty Limited (Second Plaintiff) 100% Plumbing Maintenance Pty Ltd and other named First Defendants in Schedules A and B to the Originating Process) (First Defendants) 4 Farmers Australia Pty Limited and the other named Second Defendants in Schedules C and D to the Originating Process) (Second Defendants) Representation: Counsel: M Izzo SC/N Mirzai (Plaintiffs)