In the matter of Duke Contracting Australia Pty Ltd [2017] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Duke Contracting Australia Pty Ltd [2017] NSWSC 767 Hearing dates: 13 June 2017 Date of orders: 14 June 2017 Decision date: 14 June 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: (1) Pursuant to (CTH) Corporations Act 2001, s 440D, the plaintiff have leave to begin and proceed with this proceeding.

(2) Pursuant to (CTH) Personal Property Securities Act 2009, s 293(1)(a), the number of business days set out in s 62(3)(b) be extended by 70 business days such that registrations numbered 201407300022736 and 201407300022568 made by the plaintiff on 30 July 2014 fall within the time period prescribed by s 62(3)(b) in respect of collateral being Komatsu PC228USLC-8 Crawler Excavator, SN 52106.

(3) Liberty is reserved to any person who has a perfected security interest over collateral which includes collateral the subject of the said registrations to apply to set aside or vary order (2). Catchwords: SECURITIES – personal properties – registration – priority – purchase money security interest – where not registered within 15-day period – where registered before grantor enters voluntary administration – whether 15-day period can and should be extended – where failure to register within time due to inadvertence – where no prejudice to unsecured creditors – where only secured creditor affected does not seek to be heard in opposition – period extended. Legislation Cited: (CTH) Corporations Act 2001, s 440D, s 588FL, s 588FM (CTH) Personal Property Securities Act 2009, s 14, s 62(3), s 293 Cases Cited: Accolade Wines Australia Limited, Re [2016] NSWSC 1023 Appleyard Capital Pty Ltd, Re [2014] NSWSC 782; (2014) 101 ACSR 629 Hewlett Packard Australia Pty Ltd v GE Capital Finance Pty Ltd (2003) 135 FCR 206; 47 ACSR 589 OneSteel Manufacturing Pty Limited (administrators appointed), Re [2017] NSWSC 21 Category: Principal judgment Parties: Komatsu Australia Corporate Finance Pty Ltd (plaintiff) Duke Contracting Australia Pty Ltd (first defendant) Darryl Edward Kirk and Bruno Anthony Robert Secatore (second defendants) National Australia Bank Limited (third defendant) Representation: Counsel: N. Mirzai (plantiff)