Snowy Valleys Council v Anthony William Evans & Anor [2021] NSWSC 428

Supreme Court New South Wales

Medium Neutral Citation: Snowy Valleys Council v Anthony William Evans & Anor [2021] NSWSC 428 Hearing dates: 27 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Equity Before: Slattery J Decision: Relief granted under Personal Property Securities Act 2009 (Cth), s 182(4)(a) to remove the registration referring to the first defendant's claimed security interest. Injunction granted restraining the first defendant from registering further security interests on the PPS Register. Catchwords: MORTGAGES AND SECURITIES – Personal Property Securities Act 2009 (Cth) – Personal Property Securities Register – the plaintiff, a local council, seeks to remove the registration of certain security interests claimed by the first defendant from the Personal Properties Securities Register ("the PPS Register") – whether collateral described in the registrations by the first defendant secures any obligation owed by any debtor to a secured party – the first defendant seeks unilaterally to present certain council rates he owes the plaintiff as a commercial debt instrument creating an equivalent financial obligation by the council to him, which he claims constitutes part of his income for US tax purposes – the plaintiff says the first defendant's re-characterisation of the plaintiff's rate notices is wholly artificial – the plaintiff seeks an order requiring the second defendant, the Registrar of the Personal Property Securities, to register a financing change statement removing the registration of the first defendant's purported security interest from the PPS Register – the plaintiff seeks an injunction restraining the first defendant registering any further security interest in the personal property of the plaintiff. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Local Government Act 1993, ss 494, 550, 560 Personal Properties Securities Act 2009 (Cth), ss 12(1), 12(2), 151(1), 178, 178(1), 182, 182(4)(a), 184, 184(1)(a) Cases Cited: Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 Macquarie Leasing Pty Ltd v Deqmo Pty Ltd [2014] NSWSC 1466 National Australia Bank Ltd v Garrett (2016) 340 ALR 532 Sandhurst Golf Estates Pty Ltd v Coppersmith Pty Ltd (2014) 285 FLR 267 Wickham Hill Investment Pty Limited v Ding [2019] NSWSC 631 Zepinic v Chateau Constructions (Aust) Ltd (No. 2) [2014] NSWCA 99 Category: Principal judgment Parties: Plaintiff: Snowy Valleys Council First Defendant: Anthony William Evans Second Defendant: Registrar, Personal Properties Securities Representation: Solicitors: Plaintiff: J. Prowse First defendant: In person (no appearance) Second defendant: B. May, Australian Government Solicitor File Number(s): 2020/310527 Publication restriction: No