In the matter of Elite Sydney Pty Ltd [2016] NSWSC 1934

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Elite Sydney Pty Ltd [2016] NSWSC 1934 Hearing dates: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the liquidator's interlocutory process be dismissed. Order by consent that there be no order as to costs. Catchwords: CORPORATIONS – Winding up – Liquidators – where liquidator seeks direction or declaration as to certain taxi licences or taxi plates – where company entered into agreements expressed to be for the lease of taxi plates – where order made for the winding up of the company – whether taxi licences or taxi plates vested in the company pursuant to s 267 of the Personal Property Securities Act 2009 (Cth) – whether the agreements constituted "PPS leases" for the purposes of that Act

PERSONAL PROPERTY – Definition and classification – whether taxi licences are "goods" for the purposes of the Personal Property Securities Act 2009 (Cth) Legislation Cited: - Corporations Act 2001 (Cth), s 479 - Passenger Transport Act 1990 (NSW), Pt 4, ss 3, 32, 32DA–32DB - Passenger Transport Act 2014 (NSW), Pt 6 - Personal Property Securities Act 2009 (Cth), ss 10, 12(3), 12(5), 13, 267 - Personal Property Securities (Consequential Repeals and Amendments) Act 2011 (WA) Category: Procedural and other rulings Parties: Workers Compensation Nominal Insurer (Plaintiff) Elite Sydney Pty Ltd (Defendant) Michael Smith in his capacity as liquidator of Elite Sydney Pty Ltd (Applicant on Interlocutory Process) Elizabeth Street Taxi Management Pty Ltd (First Respondent) Combined Communications Network Pty Ltd (Second Respondent) Representation: Counsel: N Mirzai (Applicant) P Horobin (Respondents)