Senworth Capital Pty Ltd atf The Car Loan Security Trust v Galleria SUV Pty Ltd [2023] NSWSC 171

Supreme Court New South Wales

Medium Neutral Citation: Senworth Capital Pty Ltd atf The Car Loan Security Trust v Galleria SUV Pty Ltd [2023] NSWSC 171 Hearing dates: 28 February 2023 Date of orders: 01 March 2023 Decision date: 01 March 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) A declaration that the plaintiff, Senworth Capital Pty Ltd, is entitled to take possession of Mercedes Benz C63 AMG S 2018 with registration plate number NBZ 95J and VIN WDD2050872F696378 pursuant to section 123 of the Personal Properties Security Act 2009 (Cth). (2) The defendant is to pay the plaintiff's costs on an indemnity basis. (3) Otherwise, the amended summons is dismissed. Catchwords: MORTGAGES AND SECURITIES – personal property – Personal Property Securities Act 2009 (Cth) – where plaintiff seeks a declaration it is entitled to take possession of secured property – non-appearance of defendant Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Personal Property Securities Act 2009 (Cth), ss 10, 19, 20, 21, 116, 123, 206, 207 Supreme Court Act 1970 (NSW), ss 23, 75 Uniform Civil Procedure Rules 2005 (NSW), r 42.5(b) Cases Cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378; [2012] FCAFC 56 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421; [1972] HCA 61 Senworth Capital Pty Ltd v Galleria SUV Pty Ltd [2022] NSWSC 1513 Category: Principal judgment Parties: Senworth Capital Pty Ltd atf The Car Loan Security Trust (Plaintiff) Galleria SUV Pty Ltd (Defendant) Representation: Counsel: D Hughes (Plaintiff)