Macquarie Leasing Pty Ltd v DEQMO Pty Ltd [2014] NSWSC 1466

Supreme Court New South Wales

Medium Neutral Citation: Macquarie Leasing Pty Ltd v DEQMO Pty Ltd [2014] NSWSC 1466 Hearing dates: 17 October 2014 Decision date: 17 October 2014 Jurisdiction: Equity Division - Duty List Before: Rein J Decision: See paras [30]-[32] Catchwords: EQUITY - Securities - Personal property securities - Personal property securities register - Competing security interests - Amendment demand pursuant to s 178 of the Personal Property Securities Act 2009 - Company cannot give security interest to itself - No authority to grant a security interest upon appointment of liquidator - No evidence of security agreement governing the asserted collateral in favour of the first defendant Legislation Cited: Personal Property Securities Act 2009 (Cth) Cases Cited: Sandhurst Golf Estates Pty Ltd v Coppersmith Pty Ltd [2014] VSC 217 Toyota Finance New Zealand Ltd v Christie [2009] NZHC 827 Texts Cited: Harris and Mirzai, Annotated Personal Property Securities Act 2009 (Cth), Wolters Kluwer, 2nd Ed, 2014 Category: Principal judgment Parties: Macquarie Leasing Pty Ltd (Plaintiff) DEQMO Pty Ltd (First Defendant) Rodney Norman Culleton (Second Defendant) The Registrar of Personal Property Securities Register (Third Defendant) Representation: Counsel: E Glover (Plaintiff) Solicitors: Douros Jackson (Plaintiff) Mr R Culleton (self-represented) (First and Second Defendants) File Number(s): 2014/249407