Wickham Hill Investment Pty Ltd v Ding [2019] NSWSC 631

Supreme Court New South Wales

Medium Neutral Citation: Wickham Hill Investment Pty Ltd v Ding [2019] NSWSC 631 Hearing dates: 27 and 28 August 2018; further written submissions ending 5 October 2018 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Equity Before: Parker J Decision: 1) Order that the second defendant register a financing change statement removing registration number 2017 02030061920 from the Personal Property Securities Register. 2) Order that the first defendant pay the plaintiff's costs of the proceedings. Catchwords: MORTGAGES AND SECURITIES – personal property security interests – Personal Property Securities Act 2009 (Cth) ("PPSA") – amendment demands – judicial process for considering amendment demand under PPSA s 182 – nature of the Court's enquiry – whether the Court can finally determine the parties' rights in an application under s 182 – onus of proof – consideration of jurisdiction to restrain threatened registration of further financing statements under s 182(4)(c).

EQUITY – equitable remedies – injunctions – injunctions in the Court's inherent jurisdiction – injunctive relief in aid of the determination of title to property – where injunction sought to restrain further registration of a financing statement of the Personal Property Securities Register – injunction refused in circumstances where no declaratory relief sought to clarify existence of security interest.

CONTRACTS – construction – five agreements entered into between individual shareholders / directors of a company and a third party lender – where agreements written in Mandarin and translated into English – whether the company was a party to the agreements – whether the five agreements create "security interests" arising under the Personal Property Securities Act 2009 (Cth).