Obnova Concrete NSW Pty Ltd v Windlock Pty Ltd; Ayoub v Obnova Concrete Pty Ltd (in liq) [2015] NSWSC 181

Supreme Court New South Wales

Medium Neutral Citation: Obnova Concrete NSW Pty Ltd v Windlock Pty Ltd; Ayoub v Obnova Concrete Pty Ltd (in liq) [2015] NSWSC 181 Hearing dates: 9 & 10 February 2015; written submissions 16 February, 2 March and 4 March 2015 Decision date: 10 March 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Cross Summons dismissed with costs Catchwords: EQUITY – personal property – ownership of chattels – deed of acknowledgement of debt and assignment – mortgage – registrable charge under s 262 Corporations Act 2001 (Cth) – obligations of a mortgagee in possession Legislation Cited: Corporations Act 2001 (Cth) Personal Property Securities (Corporations and Other Amendments) Act 2010 (Cth) Cases Cited: Reef Health Pty Ltd v Vines [2014] NSWSC 70 Texts Cited: R P Austin and I M Ramsay, Ford's Principles of Corporations Law, (14th ed 2010, LexisNexis Butterworths) Category: Principal judgment Parties: Michael Ayoub (Cross Claimant) Obnova Concrete Pty Ltd (in liq) (Second Cross Defendant) Windlock Pty Limited (Third Cross Defendant) Representation: Counsel: S Haddad (Cross Claimant) J T Johnson (Second Cross Defendant) S Chapple (Third Cross Defendant)

Solicitors: Pope & Spinks Solicitors (Cross Claimant) Watson Mangioni Lawyers Pty Ltd (Second Cross Defendant) Hansons Lawyers (Third Cross Defendant) File Number(s): SC 2013/294229