In the matter of Black Opal IP Pty Limited ACN 151 765 356 (subject to Deed Of Company Arrangement) [2013] NSWSC 1225

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Black Opal IP Pty Limited ACN 151 765 356 (subject to Deed Of Company Arrangement) [2013] NSWSC 1225 Hearing dates: Monday 22 July 2013 Decision date: 22 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Registration date for security interest scheduled Catchwords: CORPORATIONS - external administration - deed of company arrangement - administrator seeking extension of time to register security interests - where interest has remained unregistered for significant period of time - where no competing interests have been registered - whether court should exercise discretion to extend time Legislation Cited: (Cth) Personal Property Securities Act 2009 (Cth) Corporations Act 2001, s 588FL, s 588FM Cases Cited: In the Matter of Cardinia Nominees Pty Ltd [2013] NSWSC 32 Re Barclays Bank PLC [2012] NSWSC 1095 Investa Properties Pty Limited v Westpac Property Funds Management Limited [2001] NSWSC 1089 Category: Principal judgment Parties: Mark Cooper in his capacity as deed administrator of Black Opal IP Pty Limited (subject to deed of company arrangement) (first plaintiff) Black Opal IP Pty Limited (A.C.N. 151 765 356) (Subject to deed company arrangement) (second plaintiff) Integra Foods Pty Ltd (A.C.N. 003 234 580) (defendant) Representation: Counsel: Mr RW Notley (plaintiffs) Solicitors: ERA legal (plaintiffs) File Number(s): 2013/ 206432