In the matter of Cyprus Community of N.S.W. Limited [2024] NSWSC 1246

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Cyprus Community of N.S.W. Limited [2024] NSWSC 1246 Hearing dates: 3 October 2024 Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: (1) An order, pursuant to section 588FM of the Corporations Act 2001 (Cth), fixing 19 August 2024 as the time, for the purposes of section 588FL(2)(b)(iv), for the Plaintiff to register any of registrations 202408190009908 and 202408190010304 on the Personal Property Securities Register (2) There be no order as to costs. Catchwords: CORPORATIONS – charges, debentures and other borrowings – security interests – registration – extension of time –when the security agreements creating the security interests came into force – whether the delay in registering the security interests has been explained – whether any person prejudiced by delay in registration – whether extension should be granted Legislation Cited: Corporations Act 2001 (Cth), ss 588FL, 588FM Personal Property Securities Act 2009 (Cth) Cases Cited: In the matter of Appleyard Capital Pty Limited; 123 Sweden AB v Appleyard Capital Pty Limited [2014] NSWSC 782 In the matter of Cardinia Nominees Pty Ltd [2013] NSWSC 32 In the matter of Psyche Holdings Pty Ltd [2018] NSWSC 1254 Pittmore Pty Ltd v Chan (2020) 104 NSWLR 62; [2020] NSWCA 344 Segboer v AJ Richardson Properties Pty Ltd [2012] NSWCA 253 Category: Principal judgment Parties: Cyprus Capital Limited (Plaintiff) Cyprus Community of N.S.W. Limited (Defendant) Representation: Counsel: T Castle SC (Plaintiff) E Holmes (Administrators for the Defendant)