Citadel Financial Corporation Pty Limited v Elite Highrise Services Pty Limited (No 3) [2014] NSWSC 1926

Supreme Court New South Wales

Medium Neutral Citation: Citadel Financial Corporation Pty Limited v Elite Highrise Services Pty Limited (No 3) [2014] NSWSC 1926 Hearing dates: 15 December 2014 Date of orders: 15 December 2014 Decision date: 15 December 2014 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Interlocutory injunction granted restraining sale of goods supplied by one applicant but not other. Catchwords: COMMERCIAL LAW – Personal property securities - (CTH) Personal Property Securities Act 2009 - competing priority of interests – requirement for security agreement to be evidenced by writing signed by grantor or adopted or accepted by grantor Legislation Cited: (Cth) Personal Property Securities Act 2009, s 10, s 19, s 21 Cases Cited: In the matter of Maiden Civil (P&E) Pty Ltd [2013] NSWSC 852; (2013) 277 FLR 337 Category: Procedural and other rulings Parties: In 2013/372920: Citadel Financial Corporation Pty Limited ACN 106 654 844 (plaintiff/applicant) Elite Highrise Services Pty Limited (Receivers and managers appointed) ACN 155 992 573 (first defendant/first respondent) Murray Roderick Godfrey and David Nicholas Iannuzzi in their capacity as receivers and managers of Elite Highrise Services Pty Limited (receivers and managers appointed) ACN 155 992 573 (second defendant/second respondent) CML Payroll Pty Limited ACN 150 688 476 (third respondent) Skyline Apartments Pty Limited ACN 001 451 332 and Pacific Hoardings Pty Limited ACN 134 060 950 (fourth respondent)

In 2014/365875: Skyline Apartments Pty Ltd ACN 001 451 332 (first plaintiff/ first applicant) Pacific Hoardings Pty Ltd ACN 134 060 950 (second plaintiff/second applicant) Elite Highrise Services Pty Ltd (receivers and mangers appointed) ACN 155 992 573 (first defendant/first respondent) Murray Roderick Godfrey and David Nicholas Iannuzzi in their capacity as receivers and managers of Elite Highrise Services Pty Limited (receivers and managers appointed) ACN 155 992 573 (second defendant/second respondent) CML Payroll Pty Limited ACN 150 688 476 (third respondent) Citadel Financial Corporation Pty Ltd ACN 106 654 844 (fourth respondent) Representation: Counsel: In 2013/372920: S Somerville (plaintiff/applicant) J Donohoe (first defendant/first respondent) J Rose (second defendant/second respondent) R McGrath (solicitor) (fourth respondent)