In the matter of T.T.L. Australia Pty Ltd (recs & mgrs apptd) (in liq) [2023] NSWSC 875

Supreme Court New South Wales

Medium Neutral Citation: In the matter of T.T.L. Australia Pty Ltd (recs & mgrs apptd) (in liq) [2023] NSWSC 875 Hearing dates: 21 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: The registration time for the security interest granted to the Plaintiff to be fixed pursuant to s 588FM Corporations Act (Cth) as 30 June 2022 Catchwords: CORPORATIONS - Registration time for security interests - Application under Corporations Act 2001 (Cth) s 588FM to fix registration time under the Personal Property Securities Act 2009 (Cth) - Where Plaintiff was unaware that a registrable security interest had arisen under a PPS lease -Whether failure to register security interest was due to inadvertence Legislation Cited: - Corporations Act 2001 (Cth), ss 471B, 588FM, 588FL - Insolvency Practice Schedule (Corporations) - Personal Property Securities Act 2009 (Cth), ss 12, 13 Cases Cited: - Re 4 in 1 Wyoming Pty Ltd [2017] NSWSC 407 - Re Appleyard Capital Pty Ltd [2014] NSWSC 782 - Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 Category: Principal judgment Parties: Asset Rental Group (Holdings) Ltd (Plaintiff) T.T.L. Australia Ltd (recs & mgrs apptd) (in liq) (First Defendant) Richard Albarran (Second Defendant) Brent Kijurina (Third Defendant) Bruce Gleeson (Fourth Defendant) Representation: Counsel: S Scott (Plaintiff)