In the matter of Gelpack Enterprises Pty Ltd (in liquidation) [2015] NSWSC 1558

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gelpack Enterprises Pty Ltd (in liquidation) [2015] NSWSC 1558 Hearing dates: 3 September 2015 Date of orders: 03 September 2015 Decision date: 03 September 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Time for instituting appeal extended; decision of liquidator reversed; declaration that plaintiff has a perfected security interest. Catchwords: CORPORATIONS – winding up – liquidators – appeal from liquidator's decision under (CTH) Corporations Act 2001, s 1321 – where time for filing appeal expired – whether time should be extended – where question arising is arguable – where no prejudice caused – where delay explainable – whether relief sought is premature or inutile.

COMMERCIAL LAW – personal property securities – (CTH) Personal Property Securities Act 2009 ("PPSA") – whether retention of title clause or express grant of security interest in terms and conditions bind first defendant – whether plaintiff's unilateral variation of terms and conditions bind first defendant – where express right to vary terms and conditions in contract – whether first defendant's operations manager had authority to bind first defendant to amended terms and conditions – held, first defendant bound – whether plaintiff has a perfected PPSA security interest – whether security interest attached to particular collateral – whether security agreement covered particular collateral – whether security interest with respect to particular collateral perfected by registration. Legislation Cited: (CTH) Corporations Act 2001, s 1321, s 1321(1) (CTH) Personal Property Securities Act 2009 s 12(2), s 19(1), s 19(2), s 20(1), s 20(2), s 21, s 21(2) (NSW) Supreme Court (Corporations) Rules 1999 Category: Principal judgment Parties: Primaplas Pty Ltd (plaintiff) Gelpack Enterprises Pty Ltd (in liquidation) (first defendant) Thomas Dawson and Darrin Paine in their capacity as joint and several liquidators of Gelpack Enterprises Pty Ltd (in liquidation) (second defendants) Representation: Counsel: N Mirzai (plaintiff) J White (defendants)