In the matter of Ralan Arncliffe Pty Ltd (admins apptd) (recs and mgrs apptd) [2019] NSWSC 1678

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Ralan Arncliffe Pty Ltd (admins apptd) (recs and mgrs apptd) [2019] NSWSC 1678 Hearing dates: 4 November 2019 Date of orders: 04 November 2019 Decision date: 04 November 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made pursuant to s 588FM of the Corporations Act 2001 (Cth) fixing a date 20 business days after the Plaintiff grants the Defendant the specified security as the later time for the purposes of s 588FL(2)(b)(iv) of the Act. Catchwords: CORPORATIONS – security interest – extension of time for registration – where facility for company created after date administrators were appointed – where security interest in company granted by company – where facility is best financing option presently available for company – whether an order fixing a later date for registration of the specified security for the purposes of s 588FL(2)(b)(iv) of the Corporations Act 2001 (Cth) should be made. Legislation Cited: - Corporations Act 2001 (Cth) ss 420A, 588FL, 588FL(2), 588FL(2)(b)(iv), 588FM, - Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: - Hill (administrator), Re Flow Systems Pty Ltd (admins apptd) [2019] FCA 35 - K J Renfrey Nominees Pty Ltd (as trustee for the Renfrey Family Trust) v OneSteel Manufacturing Pty Ltd [2017] FCA 325; (2017) 120 ACSR 117 - Re Ten Network Holdings Ltd (admins apptd) (recs and mgrs apptd) [2017] FCA 1144 Category: Principal judgment Parties: Ralan Arncliffe Pty Ltd (admins apptd) (recs and mgrs apptd) (Plaintiff) FCCD (Australia) Nominee Pty Limited (Defendant) Representation: Counsel: R Mansted (Plaintiff)