In the matter of Bowery Bar Pty Ltd [2021] NSWSC 697

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bowery Bar Pty Ltd [2021] NSWSC 697 Hearing dates: 8 June 2021 Date of orders: 15 June 2021 Decision date: 15 June 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Plaintiff has not established that it is entitled to relief sought in paragraphs 1-3 of the Originating Process. Parties to be heard as to any remaining issues in the proceedings. Catchwords: MORTGAGES AND SECURITIES — Personal Property Securities Act 2009 (Cth) — Attachment — Rights in personal property — Whether the grantor held rights in the statutory licence at the relevant time — Where statutory licence was held by an employee of the company rather than company itself — Where interest in statutory licence subject to registration by statutory authority. MORTGAGES AND SECURITIES — Personal Property Securities Act 2009 (Cth) — Security interest — Interest in personal property. MORTGAGES AND SECURITIES — Personal Property Securities Act 2009 (Cth) — Security interest — Whether entry into contractual arrangements constituted a "transaction" that secured the performance of an obligation — Where the relevant obligation comprised prohibitions upon dealing with statutory licence and entitlements. Legislation Cited: - Gaming Machines Act 2001 (NSW), s 19 - Liquor Act 2007 (NSW), s 61 - Personal Property Securities Act 2009 (Cth), ss 8, 10, 12, 19, 267 Cases Cited: - Application by Commonwealth Bank of Australia [2014] NSWSC 279 - Boreland v Docker [2007] NSWCA 94 - Bunnings Group Ltd v Chep Australia Ltd (2011) 82 NSWLR 420; [2011] NSWCA 342 - Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (2014) 49 VR 86; [2014] VSCA 326 - Geltch v Macdonald [2007] NSWSC 1000 - Jabetin Pty Ltd v Liquor Administration Board (2005) 63 NSWLR 602; [2005] NSWCA 92 - Masters v Garcia (2005) 65 NSWLR 92; [2005] NSWCA 287 - McCallum, Re Holdco Pty Ltd (admins apptd) (No 2) [2021] FCA 377 - Slatter v Railway Commissioners (NSW) (1931) 45 CLR 68 - Volvo Finance Australia Pty Ltd v Waterfront - Enterprises Pty Ltd (In Liq) (No 2) [2020] NSWSC 262 Category: Principal judgment Parties: Bowery Bar Pty Limited (in liquidation) (Plaintiff) Investa Listed Funds Management Limited (Defendant) Representation: Counsel: N Mirzai (Plaintiff) D Sulan/R Jameson