In the matter of Kimberley Diamonds Limited (in liquidation) [2021] NSWSC 865

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kimberley Diamonds Limited (in liquidation) [2021] NSWSC 865 Hearing dates: 13 July 2021 Date of orders: 13 July 2021 Decision date: 13 July 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with short minutes of order. Catchwords: MORTGAGES AND SECURITIES — Personal Property Securities Act 2009 (Cth) — Personal Property Securities Register — Application under s 182 of the PPSA — Where amendment demand made under s 178 of the PPSA — Where interest recorded on PPSR exceeds terms of contractual agreements between the parties. Legislation Cited: - Personal Property Securities Act 2009 (Cth), ss 178, 182 Cases Cited: - Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd (2017) 324 FLR 378; [2017] NSWSC 1230 - Electricity Generation Corp v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 - Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 - National Australia Bank Ltd v Garrett (2016) 340 ALR 532; [2016] FCA 714 - Wickham Hill Investment Pty Ltd v Ding [2019] NSWSC 631 Category: Principal judgment Parties: Katherine Elizabeth Barnet and Hugh Armenis in their capacity as joint and several liquidators of Kimberley Diamonds Limited (in liquidation) (First Plaintiff) Kimberley Diamonds Limited (in liquidation) (Second Plaintiff) Zhejiang Huitong Auction Co Ltd (First Defendant) Registrar of Personal Property Securities (Second Defendant) Representation: Counsel: A Spencer (Plaintiffs)