Lifestyle Property Partners Pty Ltd v O’Reilly [2024] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: Lifestyle Property Partners Pty Ltd v O'Reilly [2024] NSWSC 311 Hearing dates: 22 March 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Declare that the plaintiff is entitled to immediate possession of: (a) Halimas Serenata (registration number XXXXXX); and (b) Halimas Dancing Shadow (registration number XXXXXX). (2) (In the event the Queensland Police return Halimas Serenata and Halimas Dancing Shadow to the defendants), order that the defendants deliver them to the plaintiff or its agents. (3) Order that the first defendant do all things necessary to cancel or remove the entry of Personal Property Securities Register number XXXXXXXXXXXXXXX in respect of the 6 Arabian mares. (4) Order that the defendants pay the plaintiff the sum of $4007 (as damages) within 28 days. (5) Order the defendants pay the plaintiff's costs of these proceedings as agreed or assessed. Catchwords: PERSONAL PROPERTY – Personal Property Securities Act 2009 (Cth) – personal property securities register – charge registered on the basis of an agistment agreement which never came into existence – whether defendant had any interest in the Arabian mares capable of being registered as a security interest – no security interest ever came into existence TORTS – interference with goods – detinue Legislation Cited: Personal Property Securities Act 2009 (Cth), ss 8(1), 12, 207 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: CHEP Australia Ltd v Bunnings Group Ltd [2010] NSWSC 301 John F Goulding Pty Limited v The Victorian Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Railways Commissioners (1932) 48 CLR 157; [1932] HCA 37 Category: Principal judgment Parties: Lifestyle Property Partners Pty Ltd (Plaintiff) Karen O'Reilly (First Defendant) Francis Curr (Second Defendant) Representation: Counsel: C H Cassimatis (Plaintiff)