In the matter of Eticore SD Pty Ltd [2021] NSWSC 110

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Eticore SD Pty Ltd [2021] NSWSC 110 Hearing dates: 16 February 2021 Date of orders: 16 February 2021 Decision date: 19 February 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: The registration time for the security interests granted to the Plaintiff to be fixed pursuant to s 588FM Corporations Act (Cth) as 2 February 2021. Catchwords: CORPORATIONS – Registration time for security interests – Application under Corporations Act 2001 (Cth) s 588FM(1) to fix registration time for security interests registered in the register established under the Personal Property Securities Act 2009 (Cth) – Whether failure to register security interest was accidental or due to inadvertence – Relevance of financial position of company granting security interest Legislation Cited: Corporations Act 2001 (Cth) ss 588FL, 588FM Cases Cited: - Bevillesta Pty Ltd v Imagine Un Ltd (2009) 69 ACSR 574; [2009] VSC 50 - Bluewaters Power 1 Pty Ltd v The Griffin Coal Mining Company Pty Ltd [2019] WASC 438 - FC Securities Pty Ltd v Menilden Creek Farming Pty Ltd [2018] NSWSC 1681 - Greenlight Asset Pty Ltd v WBK Ricetti Pty Ltd [2017] WASC 278 - Re 4 in 1 Wyoming Pty Ltd & the companies listed in Schedule A to the Originating Process [2017] NSWSC 407 - Re Amotran Pty Ltd [2017] VSC 637 - Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd (2014) 101 ACSR 629; [2014] NSWSC 782 - Re Barclays Bank Plc [2012] NSWSC 1095 - Re Bellerine Heights Pty Ltd [2020] VSC 874 - Re Black Opal IP Pty Limited (subject to deed of company arrangement) [2013] NSWSC 1225 - Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 - Re David Brown Gear Industries Pty Ltd [2017] NSWSC 907 - Re Guardian Securities Ltd [1984] 1 NSWLR 95; (1984) 8 ACLR 822 - Re Psyche Holdings Pty Limited [2018] NSWSC 1254 - Re Transurban CCT Pty Ltd (in its own capacity and as trustee of the Transurban CCT Trust) [2014] NSWSC 1909 - Squadron Resources Pty Ltd v Highlake Resources Pty Ltd, in the matter of Highlake Resources Pty Ltd [2018] FCA 1292 - Toll Energy and Marine Logistics Pty Ltd v Conlon Murphy Pty Ltd (2019) 137 ACSR 328; [2019] FCA 532 Texts Cited: - Corporations Act 2001 (Cth), ss 588FL, 588FM Category: Principal judgment Parties: Eticore ST Pty Ltd (Plaintiff) Eticore SD Pty Ltd (Defendant) Representation: Counsel: D Krochmalik (Plaintiff)