(2009) 69 ACSR 574
Re Accolade Wines Australia Ltd & Other Companies [2016] NSWSC 1023
Re Appleyard Capital Pty Ltd123 Sweden AB v Appleyard Capital Pty Ltd (2014) 101 ACSR 629(1978) 3 ACLR 218
Re Quality Blended Liquor Pty Ltd (2014) 102 ACSR 451
Judgment (14 paragraphs)
[1]
Background
The plaintiff's business includes providing equipment finance to its customers over a range of goods, including office equipment (such as computers, photocopiers, printers, software and general office furniture) and motor vehicles. It does so either by way of a rental agreement or a print plan management agreement, both of which, it is contended, are likely to give rise to a "security interest" for the purposes of the PPSA. So much can be accepted for the purposes of this application.
A "security interest" as defined in the PPSA includes the interest of the lessor or bailor under a PPS lease (s 12(3)(c)). A PPS lease is defined in s 13(1) as meaning a lease or bailment of goods, relevantly, for a term of more than one year (s 13(1)(a)). There are some qualifications to the concept of a PPS lease in s 13(2), but it is not necessary to refer to these for present purposes. The plaintiff retains ownership of the relevant goods or equipment and the customer is only a bailee of the goods or equipment under the rental agreements (standard cl 8.1) and the print plan management agreements (standard cl 13.1). The plaintiff leases goods and equipment to customers under those agreements, for terms in excess of one year. Such leases are PPS leases and the interests of the plaintiff in the subject matter of those leases is a "security interest", such subject matter being the "collateral": PPSA ss 10 and 12(3)(c).
Ms Eggermont, the plaintiff's operations manager, gave affidavit evidence of the nature of the plaintiff's contractual arrangements with its customers and its general practice in lodging financing statements on the PPS Register. She explained the circumstances in which the plaintiff had lodged financing statements (following the introduction of the PPSA) up to September 2016 and that a review of those registrations in October and November 2016 had revealed deficiencies of the type referred to below in respect of a large number of those registrations. According to the initial registration schedule which was in evidence (Ex 1, pp 29-33), those security interests were granted between March 2015 and September 2016.
In the case of both rental agreements and print plan management agreements, Ms Eggermont said that it is generally the practice of the plaintiff to lodge a financing statement on the PPS Register contemporaneously with, or as close as possible to, entering into rental agreements and print plan management agreements and granting the customer possession of the goods or the equipment, as the case may be.
Since early 2012 the plaintiff has lodged registrations on the PPS Register following a guide which it developed from a presentation it received from a third party Register portal, operated by a credit reference agency known as "Veda". Following this presentation, an employee of the plaintiff prepared a "process flow" document which formed the basis of the plaintiff's policy for registration of financing statements on the PPS Register. Among other things, the process flow document contained two significant defects.
First, it instructed the plaintiff's staff to answer the question whether a security agreement was transitional as "yes" and therefore transitional. Second, with respect to "Specific key registration details" where two boxes could be ticked, it did not provide for the box "PMSI applies" referring to a purchase money security interest to be ticked, rather it provided for "Proceeds to be claimed" to be ticked and for the description "All present and after acquired property" to be typed into the collateral field. The employees of the plaintiff responsible for entering the registrations on the PPS Register were not aware of the legal effect of the data inputted on each financing statement lodged with the PPS Register.
Ms Eggermont said that as a consequence of following this guide:
1. on each occasion that the plaintiff would take a security interest it would indicate in its financing statement lodged with the PPS Register that the security interest was "transitional", irrespective of whether it was in fact transitional or otherwise; and
2. some of the financing statements lodged on the PPS Register did not note the plaintiff's security interest was a PMSI when it might be characterised as such.
Counsel for the plaintiff accepted that two primary consequences flowed from the plaintiff's registrations in the PPS Register.
First, the effect of indicating a security interest is "transitional" when it is in fact non-transitional may render each affected registration entirely ineffective, Reference was made to PPSA, s 337A which provides that without limiting s 164 (concerning defects in registration), a registration that discloses that collateral is covered by a transitional security agreement is ineffective to the extent that it describes collateral that is not covered by a transitional security agreement. The term "transitional security agreement" is defined in PPSA, s 307 and refers to security agreements created and in force prior to the registration commencement time for the PPSA, which continue to have effect after that time. The "registration commencement time" is 30 January 2012: s 306.
Second, the effect of indicating that a security interest is not a PMSI, when in fact it is, can result in an alteration of the priority position that might otherwise be enjoyed by the holder of a PMSI under s 62. Reference was made to PPSA, ss 55(4) and 62.
PPSA, s 62(1) provides that a perfected PMSI takes priority over other perfected security interests granted by the same grantor in the same collateral that is not a PMSI. PPSA, s 62(3) provides that a PMSI arises when the interest is held over original collateral, other than as inventory, and the interest is perfected by registration (s 62((3)(a)). The financing statement must indicate that the interest is a PMSI (s 62(3)(c)). The perfection must occur before the end of 15 business days after the grantor relevantly for goods obtaining possession by the property by registration: (s 62(3)(b)).
By contrast, PPSA, s 55 sets out the default priority rules between security interests in collateral under the PPSA when the PPSA provides no other way of determining that priority. Section 55(4) provides that priority between 2 or more security interests in collateral that are currently perfected is to be determined by the order in which the "priority time" for each security interest occurs. Subsection (5) provides that the "priority time" for a security interest in collateral is, subject to subsection (6), the earliest of the following times to occur in relation to the security interest:
(a) the registration time for the collateral;
(b) the time the secured party, or another person on behalf of the secured party, first perfects the security interest by taking possession or control of the collateral;
(c) the time the security interest is temporarily perfected, or otherwise perfected, by force of this Act.
Subsection (6) provides that a time is a priority time for a security interest only if, once the security interest is perfected at or after that time, the security interest remains continuously perfected.
As indicated, in October and November 2016, the plaintiff reviewed its registrations under the PPSA. This revealed that a large number of existing registrations (between March 2015 and September 2016) were not consistent with the underlying security interest taken by the plaintiff. The trigger for that review was correspondence received by the plaintiff from solicitors for voluntary administrators appointed to one of its customers in about mid-September 2016, asserting that the registration of the plaintiff's security interest as "transitional" rendered the registration ineffective in circumstances where the relevant security agreement was not a transitional security agreement. Ms Eggermont gave evidence that prior to receiving this correspondence neither she nor anyone else employed by the plaintiff (to the best of her knowledge) was aware that noting a security interest as "transitional" on the PPS Register when the relevant agreement was not a transitional security agreement might result in the relevant registration being considered ineffective: see PPSA, s 337A.
In addition, the review of existing registrations also indicated that:
1. some of the financing statements lodged on the PPS Register contained potential defects, in that while they were lodged against the Australian Company Number (ACN) of each relevant corporate entity or the Australian Business Number (ABN) of each individual who was a trustee, they were not registered against the ABN of the trust of which the grantor was a trustee (as required by Personal Property Securities Regulations 2010 (the PPS Regulations), Schedule 1, cl 1.5).
2. the plaintiff's registrations utilised its ABN rather than its ACN (as required by PPS Regulations Schedule1, cl 1.3).
On 1 and 2 November 2016, the plaintiff filed new financing statements on the PPS Register in respect of the existing security interests taken by the plaintiff against 260 grantors. Of these the plaintiff had existing registrations on the PPS Register for 255 grantors being the first defendants listed in schedule A to the originating process filed on 15 February 2017. There were a further five grantors identified in the review as not having an existing registration on the PPS Register. Those registrations are not the subject of the present application.
By the new registrations the plaintiff's security interest was not shown as transitional; and the plaintiff registered financing statements in relation to the relevant collateral as both a PMSI and a non-PMSI. (Given the potential for a PMSI registration to be completely ineffective in respect of non-PMSI property, the plaintiff has taken the view that it ought to affect both registrations). Where the grantor is also a trustee of a trust, the new financing statement was registered over the ABN of the trust (where the trust has an ABN), in addition to the identifier of the trustee (being its ACN, for a corporation, or ABN for an individual).
Following the lodging of the new financing statements, the plaintiff identified some defects in the November 2016 registrations and lodged further financing statements on the PPS Register as follows:
1. in respect of two grantors that had entered into rental agreements with the plaintiff in their own right and in their capacity as trustee, the new financing statements lodged in November 2016 did not include the ABN of the trust (as required by PPS Regulations, Sch 4, cl 1.5). The relevant Grantors were (a) Drinx Pty Ltd in its own capacity and as trustee of the Drinx Trust and (b) Stuart Dickson Produce Pty Ltd in its own capacity and as trustee of the Burgess Family Trust. On 11 November 2016, the plaintiff lodged two further registrations against the ABN of the relevant trust in addition to the existing two registrations against the ACN of the corporate trustee for those two grantors.
2. two of the new registrations lodged on 1 or 2 November 2016 contained a further error in describing the individual grantor, Felice Anthony Vitiello, by the wrong date of birth. (The grantor's date of birth, where the grantor is an individual, is required by PPS Regulations Sch 1, cl 1.2). New registrations amending and correcting that error were lodged on 19 January 2017. There are no other registered parties on the PPS Register would might be prejudiced by that amendment.
[2]
Joinder of affected parties
Consistently with remarks in earlier cases that applications under s 588FM ought generally not be brought ex parte, the plaintiff joined the grantors and other secured creditors of the grantors as defendants to the proceedings: Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd 9(2014) 101 ACSR 629; [2014] NSWSC 782 at [34] (Brereton J); Re Transurban CCT Pty Ltd (in its own capacity and as trustee of the Transurban CCT Trust) [2014] NSWSC 1909 at [16]-[17] (Brereton J).
The first defendants are the 255 grantors in respect of which the plaintiff seeks relief under s 588FM of the Corporations Act (the Grantors).
The second defendants are the 76 secured creditors of the various Grantors, who have registered in the PPS Register an earlier security interest to the plaintiff describing the class of collateral as "all present and after-acquired property" of the relevant Grantors (Earlier AllPAP holders).
The third defendants are the 16 secured creditors of various Grantors, who have registered in the PPS Register a later security interest to the plaintiff's registrations describing the class of collateral as "all present and after acquired property" of the relevant Grantors (Later AllPAP holders). Some of the second named defendants are also Later AllPAP holders. In such cases, they have been joined as a second defendant only.
The term "all present and after-acquired property" or its common abbreviation, "AllPAP", is not contained within the PPSA itself but is defined in the PPS Regulations. PPSA, s 153 provides that a financing statement with respect to a security interest consists of data that complies with the table to that provision. Item 4(c) in the table to PPSA s 153 provides that the relevant collateral must be described within one of the classes of collateral prescribed by the PPS Regulations. The prescribed classes of collateral include "all present and after acquired property": PPS Regulations, Schedule 1, cl 2.3(1). That expression is defined in the PPS Regulations, Schedule 1, cl 1.6 as follows:
All present and after-acquired property means:
(a) personal property over which the grantor has an interest at the registration time for the financing statement for a security interest or prescribed property; and
(b) personal property acquired after the registration time for the financing statement for the security interest or prescribed property.
On 14 February 2017 the court made orders permitting the plaintiff to serve the defendants to the originating process via email. All defendants were served by email on or before 5 PM on 17 February 2017 in accordance with those orders, however some of the email addresses resulted in a bounce-back which was not discovered until later. To address some of the technological difficulties and email bounce-backs on 24 February 2017, further orders were sought and obtained allowing the plaintiff to affect service on particular defendants by means of post. The evidence establishes that the relevant defendants were served by post in accordance with the orders of the court.
A notice of appearance was filed by three of the second named defendants, Westpac Banking Corporation, St George Finance Ltd and Capital Finance Australia Ltd. Those defendants submitted to the making of all orders sought by the plaintiff, save as to costs. All but one of the AllPAP security interests held by Westpac, St George and Capital Finance Australia fall into the category of an Earlier AllPAP security interest. The one exception is Westpac in respect of one Grantor (The Tearoom Pty Ltd in its own capacity and as trustee for the Grand Pacific Group Unit Trust) for two registrations of a Later AllPAP security interest.
A submitting appearance, save as to costs, was also filed by another second named defendant, Moffat Pty Ltd.
[3]
Section 588FM application
Section 588FL deals with the vesting of PPSA security interests in the grantor if collateral is not registered within the latest of certain specified times. It has been said that s 588FL deals with late registration as distinct from failure to register: Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 at [11]. The court's extension power under s 588FM is given in relation to the registration time for collateral referred to in s 588FL(2)(b).
Corporations Act, s 588FL, relevantly provides as follows:
Vesting of PPSA security interests if collateral not registered within time
588FL(1) This section applies if:
(a) any of the following events occurs:
(i) an order is made, or a resolution is passed, for the winding up of a company;
(ii) an administrator of a company is appointed under section 436A, 436B or 436C;
(iii) a company executes a deed of company arrangement under Part 5.3A; and
(b) a PPSA security interest granted by the company in collateral is covered by subsection (2).
Note: A security interest granted by a company in relation to which paragraph (a) applies that is unperfected at the critical time may vest in the company under section 267 or 267A of the Personal Property Securities Act 2009.
(2) This subsection covers a PPSA security interest if:
(a) at the critical time, or, if the security interest arises after the critical time, when the security interest arises:
(i) the security interest is enforceable against third parties under the law of Australia; and
(ii) the security interest is perfected by registration, and by no other means; and
(b) the registration time for the collateral is after the latest of the following times:
(i) 6 months before the critical time;
(ii) the time that is the end of 20 business days after the security agreement that gave rise to the security interest came into force, or the time that is the critical time, whichever time is earlier;
(iii) if the security agreement giving rise to the security interest came into force under the law of a foreign jurisdiction, but the security interest first became enforceable against third parties under the law of Australia after the time that is 6 months before the critical time--the time that is the end of 56 days after the security interest became so enforceable, or the time that is the critical time, whichever time is earlier;
(iv) a later time ordered by the Court under section 588FM.
Note 1: For the meaning of critical time, see subsection (7).
Note 2: For when a security interest is enforceable against third parties under the law of Australia, see section 20 of the Personal Property Securities Act 2009.
Note 3: A security interest may become perfected at a particular time by a registration that is made earlier than that time, if the security interest attaches to the collateral at the later time (after registration). See section 21 of the Personal Property Securities Act 2009.
Note 4: The Personal Property Securities Act 2009 provides for perfection by registration, possession or control, or by force of that Act (see section 21 of that Act).
...
Vesting of security interest in company
(4) The PPSA security interest vests in the company at the following time, unless the security interest is unaffected by this section because of section 588FN:
(a) if the security interest first becomes enforceable against third parties at or before the critical time--immediately before the event mentioned in paragraph (1)(a);
(b) if the security interest first becomes enforceable against third parties after the critical time--at the time it first becomes so enforceable.
Note: For the meaning of critical time, see subsection (7).
...
(7) In this section:
"critical time", in relation to a company, means:
(a) if the company is being wound up--when, on a day, the event occurs by virtue of which the winding up is taken to have begun or commenced on that day under section 513A or 513B; or
(b) in any other case--when, on a day, the event occurs by virtue of which the day is the section 513C day for the company.
The effect of s 588FL(2) is that when a company is being wound up, an administrator is appointed, or a deed of company arrangement executed, any PPSA security interest which was perfected, registered, or enforceable against a third party after the latest of six months before the "critical time" or 20 days after the security agreement came into force or such later time as the Court may fix under s 588FM, vests in the company, for the benefit of creditors generally, and the secured creditor loses the benefit of the security: Cardinia Nominees at [11]; Re Black Opal IP Pty Limited [2013] NSWSC 1225 at [6]; Appleyard at [8].
Section 588FM provides for fixing a later time under s 588FL as follows:
Extension of time for registration
588FM (1) A company, or any person interested, may apply to the Court (within the meaning of section 58AA) for an order fixing a later time for the purposes of subparagraph 588FL(2)(b)(iv).
Note: If an insolvency-related event occurs in relation to a company, paragraph 588FL(2)(b) fixes a time by which a PPSA security interest granted by the company must be registered under the Personal Property Securities Act 2009 , failing which the security interest may vest in the company.
(2) On an application under this section, the Court may make the order sought if it is satisfied that:
(a) the failure to register the collateral earlier:
(i) was accidental or due to inadvertence or some other sufficient cause; or
(ii) is not of such a nature as to prejudice the position of creditors or shareholders; or
(b) on other grounds, it is just and equitable to grant relief.
(3) The Court may make the order sought on any terms and conditions that seem just and expedient to the Court.
The effect of s 588FM is to confer on the Court a discretion to fix a later time for the purposes of s 588FL(2)(b)(iv) if satisfied of any one of three grounds - that the failure to register the collateral earlier was accidental, or was not of such a nature to prejudice the position of creditors or shareholders, or that on other grounds it is just and equitable to do so. In addition, the Court may make the order on terms and conditions: Appleyard at [9]. Such conditions may address the risk that an order under s 588FM can operate to the detriment of unsecured creditors, if the company is placed in liquidation or administration within six months of the security interest being perfected and, but for the extension of time, the security interest would have vested in the grantor under s 588FL.
The plaintiff seeks the following orders under s 588FM(1):
First, an order fixing 2 November 2016 as the time for the plaintiff to register on the PPS Register each registration (on either 1 or 2 November 2016) referred to in Schedule E to the originating process, for the purposes of s 588FL (2)(b)(iv).
Second, an order fixing 11 November 2016 as the time for the plaintiff to register on the PPS Register each of the four further registrations on 11 November 2016 referred to at [19(1)] above, for the purposes of s 588FL(2)(b)(iv).
The plaintiff primarily relies upon the "inadvertence" ground in subs (2)(a)(i) of s 588FM. The plaintiff also relies on the no prejudice ground in subs 2(a)(ii) and the just and equitable ground in subs 2(b).
[4]
Accidental or due to inadvertence or some other sufficient cause
The meaning of the expression "inadvertence" for the purposes of s 588FM of the Corporations Act is well established. It is sufficient to refer to the following authorities. In Appleyard, Brereton J said at [10]:
… "inadvertence" includes failure to advert to or understand the requirement for registration within the specified period, and innocent error in the sense of failure to register through ignorance of the legal requirement to do so, or of the consequences of not doing so.
In Cardinia Nominees, Black J said at [15] that inadvertence goes beyond ignorance of the requirement to register entirely and "may also be established where a party operates under a mistake as to the consequences of failing to register a security interest". His Honour continued at [15]:
The approach adopted in the case law of treating a matter of that kind as amounting to inadvertence is consistent with the emphasis placed in the case law upon the benevolent operation of predecessor sections, at least where an error of a secured creditor in not attending to registration of its security within time is innocent and does not result from any disregard of its statutory obligations.
Brereton J returned to the issue of inadvertence in Re Accolade Wines Australia Ltd [2016] NSWSC 1023 at [14] where his Honour said:
For the purpose of s 588FM(2)(a)(i), 'inadvertence' includes failure to advert to or understand the requirement for registration within the specified period, and innocent error in the sense of failure to register through ignorance of the legal requirement to do so, or of the consequences of not doing so. Inadvertence will readily be found where an error of a secured creditor in not attending to registration of its security within time is innocent and does not result from any disregard of its statutory obligations. In Transurban CCT, the secured party became aware that the financing statements initially lodged contained potential defects, in that while they were properly registered against the ACN of each relevant corporate entity (as required), they were not registered against the ABN of the trust of which one of the defendants was a trustee (as required by PPS Regulations Schedule 1, cl 1.5). When this potential defect was discovered (more than 20 business days after the security interest was created), the secured party lodged a further financing statement referring to the ABN of the trust, and applied for an extension of time pursuant to CORPA, s 588FM. In granting that application, the Court held:
'For the purposes of s 588FM(2)(a)(i), "inadvertence" has been interpreted to include failure to advert to or understand the requirement for registration within the specified period, an innocent error in the sense of failure to register through ignorance of the legal requirement to do so, or of the consequences of not doing so [Appleyard Capital, [10], and the cases there cited]. In this case, it is apparent that a bona fide attempt to register the security interests was made on 4 July 2014 and that the potential deficiencies - which, as I have said, are not clearly deficiencies - came to notice of the plaintiff's solicitors on about 13 August 2014 when the consultant who had carriage of the matter learnt of his firm's preferred practices in respect of such registrations.'
In the present case, the plaintiff was aware of the requirement for registration under the PPSA within the specified period of the security interest taken by it, and lodged the initial financing statements, it seems, within the 20-day period. However, the process flow document prepared for use by the plaintiff's employees when lodging financing statements contained the defects identified at [7] above; and the plaintiff was unaware of those deficiencies. The plaintiff was also unaware of the legal significance of indicating that a security interest was "transitional" when it was not covered by a transitional security agreement: (PPSA, s 337A), and of failing to indicate that the security interest was a PMSI when it could be properly characterised as such.
The financing statements initially lodged by the plaintiff which contained the defects referred to above, were not discovered until more than 20 business days after the security interests were created. The plaintiff then lodged further financing statements on 1, 2 and 11 November 2016 and on 15 February 2017 applied for an extension of time under s 588FM. Here, as in Transurban CCT, a bona fide attempt was made by the plaintiff to register its security interests as they were created by the respective Grantors between March 2015 and September 2016. The defects first came to the notice of the plaintiff in mid-September 2016 in the circumstances referred to at [15] above. The errors of the plaintiff in indicating that its security interests were "transitional", when they were not, and in failing to indicate that the plaintiff's security interest was a PMSI when it might be characterised as such, were innocent and did not result from any disregard of its statutory obligations: Appleyard at [14].
I am satisfied that the failures of the plaintiff were accidental or due to the inadvertence of those persons employed by the plaintiff with responsibility for lodging financing statements.
That conclusion means that it is not necessary to address the "no prejudice" ground or the "just and equitable" ground relied upon by the plaintiff.
[5]
Discretionary factors
As the Court's discretion to extend time for registration is enlivened, the next question is whether to make the order sought, and if so, whether to impose any terms and conditions under s 588FM(3).
In Appleyard at [13] Brereton J explained the purpose and effect of an order under s 588FM as follows:
If the collateral is registered within 20 days after the security agreement comes into force, the security interest prevails over the interest of unsecured creditors, even if the company goes into liquidation or administration within six months. However, if it is not registered within that period, and the company goes into liquidation or administration within six months after it is registered, then the security interest vests in the company for the benefit of creditors generally - unless a later time is fixed under s 588FM. In other words, the effect of not registering within 20 days is to expose the secured creditor to the loss of its security if the company goes into liquidation within six months of the actual date of registration, when otherwise the security would have been effective even in the event of liquidation or administration within six months. Essentially, the purpose and effect of an order under s 588FM is to avoid the vesting of the security interest in the company if it goes into liquidation or administration within six months after the actual date of registration, and thereby preserve the secured creditor's security, to the necessary detriment of the unsecured creditors for whose benefit the security interest would otherwise vest in the company. The only utility of such an order is in the event that the company does go into liquidation or administration within six months.
Thus, an extension order under s 588FM can operate to the detriment of unsecured creditors, if the grantor goes into liquidation or administration within six months of the security interest being perfected, because it avoids the consequence that the security interest would otherwise vest in the grantor for their benefit: Appleyard at [16].
In the present case, accepting that registration was not effected within the 20 day period because the initial registrations were defective, if a Grantor goes into liquidation or administration within six months after the date of the new registrations, being either 1 or 2 November 2016 or 11 November 2016 (as the case may be), the plaintiff's security interest will vest in the relevant Grantor for the benefit of creditors generally, unless the extension order sought is made.
The relevant prejudice to other creditors is that which arises from the delay in registration of the security interest rather than from the making of the order: Appleyard at [30], and the length of delay prior to registration of the security interest in the collateral is a relevant factor for the exercise of the Court's discretion under s 588FM, just as it was under its predecessor provisions, relevantly, s 266 of the Corporations Act: Cardinia Nominees at [18], and the cases there cited.
As indicated, the practice of the plaintiff was to lodge a financing statement on the PPS Registrar contemporaneously with, or as close as possible to, entering into the rental agreements and print plan management agreements and giving the customer possession of the relevant goods or equipment. The delay between the date of grant of the security interests (between March 2015 and September 2016) and the lodging of new financing statements in November 2016 has been adequately explained. Up until mid-September 2016, the relevant employees of the plaintiff responsible for lodging registrations on the PPS Register were unaware of the deficiencies in the initial registrations. Steps were taken by the plaintiff to review the initial registrations, with some assistance from Bridges Lawyers, in October and November 2016. That review, it may be accepted, was a time-consuming process having regard to the number of customer contracts and registrations required to be reviewed. The new financing statements were lodged for registration at the beginning of November 2016. With respect to two Grantors, four further financing statements (correcting some deficiencies in the new registrations) were lodged for registration on 11 November 2016. I do not consider the short further delay in registration of those four new financing statements to be material.
Insofar as the delay between the date of the new registrations in November 2016 and the making of this application on 15 February 2017 is relevant (cf Appleyard at [30]), that delay has also been adequately explained. The plaintiff instructed new lawyers on 30 November 2016 to take over the conduct of court proceedings from Bridges Lawyers, and taking into account the interruption of the Court vacation, the application was filed early in the new Court term in mid-February 2017.
In Cardinia Nominees at [20], Black J described the type of steps that might be taken to protect the interest of unsecured creditors of the grantor as follows:
Steps that might be taken to achieve that result include joining one or more unsecured creditors as representative parties; directing that notification of the application be given to unsecured creditors with a view to their being heard in opposition to it, if they wished to do so; or granting an extension of time reserving a right to the company or any unsecured creditor or any person representing the interests of unsecured creditors to apply at a later time to discharge or vary the order: Re Guardian Securities above at NSWLR 97-98, ACLR 824; Bevillesta Pty Ltd v Imagine Un Ltd above at [28].
Black J emphasised at [21] that an order for extension would not generally be made, even where it would merely put the secured creditor in the position it would have been had there been no inadvertence, if there was a danger that claims of unsecured creditors would not be met owing to the insolvency, or likely insolvency, of the company. Reference was made to Re Flinders Trading Co Pty Ltd [1978] 20 SASR 14 at 49; (1978) 3 ACLR 218 at 223.
In Appleyard at [25] and [28] Brereton J explained the circumstances in which the Court might impose "a Guardian Securities condition" to protect the interests of the unsecured creditors as follows:
[25] The Australian authorities establish that the interests of the unsecured creditors are a relevant consideration, so that the court must have regard to the financial position of the company as at the time of the application for extension. If the company is shown to be financially secure, then it is unlikely that a "critical day" will arise in the foreseeable future and the grant of relief will not likely affect any person adversely [Hewlett Packard, [29]]; indeed, if solvency is established that is likely to be the end of the matter [Investa Properties Pty Limited v Westpac Property Funds Management Limited [2001] NSWSC 1089, [31]]. But otherwise, where the Court is not satisfied that there is no risk that unsecured creditors could be adversely affected, the unsecured creditors (or their representative) are entitled to be heard against the making of an order, though this may sufficiently be achieved by suspending the operation of the order, or by imposing a term reserving leave to apply to set it aside in the event of a liquidation or administration ("a Guardian Securities condition") [Re Guardian Securities, 97; see also Re Cinema Art Films [1930] NZLR 500, 502-3; Re L H Charles & Co Ltd (1935) WN(Eng) 15; Bevillesta v Imagine, 58].
…
[28] In practice, the strictures of Re Flinders Trading Co have not been applied, and it has been commonplace, even when it appears that the company may be insolvent and liquidation or administration is imminent, to extend time subject to a "Guardian Securities condition" reserving leave to any liquidator or administrator appointed within six months to apply to set the order aside. This course, or one similar to it, was taken in Re a Limited Company (Long Innes J), where solvency was dubious; in Re L H Charles (Clauson J), where liquidation was in contemplation; in Re Cinema Art Films (Myers CJ); in Re Guardian Securities (McLelland J), where there was "no evidence whatsoever as to the solvency or otherwise of the company creating the charge" (at 98); and in Bevillesta (Robson J), where the evidence of solvency was inconclusive. In recent times in this court, such orders have been made in Cardinia Nominees (Black J), where again the evidence of solvency was inconclusive; in In the matter of Apex Gold Pty Ltd [2013] NSWSC 881 (Hammerschlag J), where administration was imminent; and in Black Opal IP (Brereton J), where there was some but less than comprehensive evidence of solvency.
Ms Eggermont gave evidence that only one customer was in arrears (as at 31 January 2017) in their payment obligations to the plaintiff. The amount of the arrears was relatively small ($916.99) and the amount was overdue by 29 days. Three of the plaintiff's customers have entered into external administration - Pumpkin Patch Originals Ltd (Pumpkin Patch) was placed in receivership on 26 October 2016; Beaton Pumping Group Pty Ltd (Beaton) was placed into voluntary administration on 7 November 2106; and Online Performance Autos Pty Ltd (Online Performance) was placed in liquidation on 14 November 2016. The plaintiff does not seek an extension order under s 588FM in relation to Pumpkin Patch.
The evidence establishes that the administrators of Beaton Pumping continued to pay ongoing rental payments pursuant to the relevant rental agreement with the plaintiff, at least up until November 2016, and the relevant goods remain in the possession of Beaton Pumping.
The liquidator of Online Performance has informed the plaintiff that he does not intend to exercise any right in respect of the property subject to the relevant agreement and has given a notice of disclaimer of onerous property under s 568 of the Corporations Act.
It is well established that the power to make an order under s 588FM is available where a company is in liquidation or administration: Re Quality Blended Liquor Pty Ltd [2014] QSC 234; (2014) 102 ACSR 451 at [83]; Re Carpenter International Pty Ltd [2016] VSC 118 at [127].
Neither the administrators of Beaton Pumping nor the liquidator of Online Performance have appeared in the proceedings or indicated any objection to the relief sought by the plaintiff with respect to the security interests granted by those companies.
Other than the limited material referred to above, the plaintiff has not sought to demonstrate by evidence, the financial position of each Grantor or their ability to pay their debts as and when they fell due. This is unsurprising given the large number of the plaintiff's customers to which this application relates. Recognising the absence of such evidence, counsel for the plaintiff submitted that it would be appropriate in the present case to impose a condition of relief similar to that in Bevillesta Pty Ltd v Imagine UN Ltd [2009] VSC 50; (2009) 69 ACSR 574. There the Court granted an extension on terms that reserved liberty to the company, any liquidator, administrator, deed administrator or creditor of the company to apply to discharge or vary the order if any winding up of the company commenced or an administrator of the company was appointed under ss 436A, 436B or 436C, or the company executed a deed of company arrangement within six months of the date on which the new financing statements were lodged in the PPS Register in November 2016.
Given the state of the evidence, an order under s 588FM should be made, but only on a basis that reserves the ability of a liquidator, administrator, deed administrator or other unsecured creditor to apply to discharge it within a six-month period from the date of registration of the security interest in the collateral. As indicated, the plaintiff accepted that the extension order sought should be made subject to such a condition.
[6]
Section 293 application
Section 293(1)(a) of the PPSA relevantly provides that on application, a court may make an order extending the number of business days in a period specified in par 62(3)(b) for the perfection of a purchase money security interest, if satisfied that it is just and equitable to do so. Such an order may be made even if the period has ended: s 293(2).
The reference in PPSA, s 293(1)(a) to the number of business days in a period specified in par 62(3)(b) is a reference to the perfection of a PMSI by registration before the end of 15 business days after, relevantly, for goods - the day the grantor, or another person at the request of the grantor, obtains possession of the goods, or for any other property - the day the interest attaches to the property (as the case may be).
The plaintiff seeks an order pursuant to PPSA, s 293(1)(a), extending the number of business days specified in PPSA, s 62(3)(b) for perfection of its PMSIs by registration against each of the Grantors, for the purposes of s 62(3).
In making an order under s 293(1) to extend the 15 business days specified in s 62(3)(b), s 293(3) requires that the Court must take into account the following:
…
(a) whether the need to extend the period arises as a result of an accident, inadvertence or some other sufficient cause;
(b) whether extending the period would prejudice the position of any other secured parties or other creditors;
(c) whether any person has acted, or not acted, in reliance on the period having ended.
[7]
Inadvertence
For the reasons already given in respect of s 588FM, I am satisfied that the need to extend the 15 business days specified s 62(3)(b) arises as a result of inadvertence by the plaintiff as referred to in s 293(3)(a). The employees of the plaintiff responsible for lodging financing statements on the PPS Register did not understand the legal significance under s 62 of failing to indicate that the interest is a PMSI when it is capable of being characterised as such.
[8]
Prejudice
In Accolade Wines, after noting the absence of direct authority, Brereton J expressed the view at [27] that the prejudice referred to in s 293(3)(b) is prejudice "from extending the period" under s 62(3)(b). His Honour continued at [27]:
This directs attention not to the impact on other secured parties or creditors of the delay in registration, but to the impact of making an order extending the period; to evaluate prejudice for that purpose, one compares the position of creditors if an extension is granted, with their position if no extension is granted, and usually there will be a difference because priorities will be disturbed.
According to the evidence of Ms Eggermont, while no competing security interests have been granted to other secured parties specifically over any particular collateral in which the plaintiff has a PMSI, some of the Grantors have granted AllPAP security interests to other secured parties; in some cases before and in others after the date on which the plaintiff made its initial registrations. In Accolade Wines at [28] Brereton J observed with respect to a similar factual position that:
Whether granted before or after the initial registrations, those AllPAP security interests are now entitled to priority over the Plaintiffs' PMSIs. If an order is made under s 293(1) extending the period for registration of the Plaintiffs' PMSIs, the AllPAP holders will lose that priority in respect of the particular collateral which is the subject of the Plaintiffs' PMSIs. It follows that they will be prejudiced by extending the period.
Importantly, Brereton J added at [29] that "such prejudice, while not irrelevant, is not conclusive". After referring to Appleyard at [27] for the proposition that, in relation to s 588FM, prejudice to other creditors could not be conclusive because otherwise an order would never be made in any case in which it mattered, since in any case where an extension was of utility, there would inevitably be prejudice by removing the collateral from the pool available to satisfy unsecured creditors generally, and enabling that result was the fundamental purpose of the extension provision in s 588FM, Brereton J expressed the view in Accolade Wines at [29] concerning PPSA, s 293:
The same applies here: the essential purpose of granting an extension is to reinstate the priority to which a PMSI would otherwise be entitled over prior AllPAPs (as it will in any event have priority over later AllPAPs), and thus in any case in which the remedy is of any practical utility, there will be prejudice to a prior AllPAP holder.
It has been said that an AllPAP is always liable to be trumped, in respect of specific after-acquired collateral, by a PMSI in respect of that collateral and to the extent that an Earlier AllPAP holder will be prejudiced, it is only by losing a windfall arising from inadvertence: Accolade Wines at [52(2)-(3)].
Notice of the application has been given to the all Earlier AllPAP holders and the Later AllPAP holders. Other than the four parties who have filed submitting appearances, none of the other parties have appeared or objected to the extension sought under PPSA, s 293(1).
[9]
Reliance
It has been said that the kind of "reliance" contemplated by s 293(3)(c) is where a third party has dealt with the grantor by, for example, taking a security interest over property that includes the property subject to the PMSI, in the belief that there was no perfected PMSI that would trump its interest: Accolade Wines at [30].
In Accolade Wines at [31] Brereton J remarked as follows:
At the time when any Earlier AllPAP holder took security from the relevant Grantors, the property the subject of the Plaintiffs' security interests was not property of the relevant Grantor. An AllPAP secured party whose security interest was registered prior to the Plaintiffs' initial registrations could not have "acted, or not acted, in reliance on the period having ended", as its interest was acquired prior to the existence of the Plaintiffs' PMSI. Only a Later AllPAP holder - one whose interest was acquired after the Plaintiffs' initial registration - could potentially fall within s 293(3)(c).
None of the Later AllPAP holders have asserted prejudice or reliance of the kind referred to above. Although there is no expert evidence in this case concerning the types of searches of the PPS Register that a reasonably prudent financier would have done (cf Accolade Wines at [32], [33] and [35]), it can be inferred that the Later AllPAP holders would not have had notice of the plaintiff's PMSI when acquiring their security interests, assuming they had conducted a search of the PPS Register. That is because the plaintiff's initial registrations did not refer to a PMSI.
Nonetheless, had the secured parties who hold Later AllPAPs in respect of Grantors conducted a search of the PPS Register the results would have identified the plaintiffs' security interest in the specific goods or equipment described in the financing statement and that the class of collateral was over "all present and acquired property". None of the Later AllPAP holders assert that this mis-description in the plaintiff's registrations was material to its decision to provide financial accommodation and to take the AllPAP security from the Grantors.
Turning to the Grantors who have entered into external administration. Neither Beaton Pumping nor Online Performance have appeared or otherwise objected to the extension sought under s 293. As indicated, the entry of a grantor company into external administration does not preclude the court making an order under s 588FM. Brereton J held in Re Appleyard at [30] that the same principle applied with regard to s 293:
Thus an order can be made, even after liquidation, so long as the circumstances are such as to render it just and equitable to grant relief, notwithstanding that the grant of relief will defeat rights of unsecured creditors.
I am satisfied that it is just and equitable to make an order extending the number of business days in the period specified in s 62(3)(b) for the perfection by registration of the plaintiff's interests which may be characterised as PMSIs to the dates of the new registrations in November 2016 or January 2017 (as the case may be). For simplicity, the plaintiff seeks an extension to the later date of 2 November 2016 for the new registrations which occurred on either 1 or 2 November 2016. An extension is sought to 11 November 2016 for the two Grantors referred to at [19(1)] above. An extension is sought to 19 January 2017 for the Grantor referred to at [19(2)] above. In each case those later dates are appropriate, being the dates of the plaintiff's further registrations correcting defects in the earlier (new) registrations lodged on either 1 or 2 November 2016 relating to those Grantors.
One further matter should be mentioned. The plaintiff's proposed orders make provision for liberty to apply by any person who has a perfected security interest over collateral the subject of any of the registrations set out in Schedules 1 or 2 to the orders below (other than any second defendants or third defendants) to set aside, amend or vary any of orders 1, 2 or 3 of the orders below on three days' written notice to the plaintiff. A similar order, although not in exactly the same terms, was made in Accolade Wines at [53(8)]. It is appropriate to make such an order here to guard against the possibility that the plaintiff's searches of the PPS Register for the purposes of this application may have not identified a person or entity (other than the second defendants or third defendants) having a perfected security interest over collateral the subject of the plaintiff's new registrations in November 2016 and in one case in January 2017.
[10]
Orders
Accordingly, I make the following orders and directions:
1. Pursuant to s 588FM of the Corporations Act 2001 (Cth) (Corporations Act), 2 November 2016 is fixed as the time for the plaintiff to register on the Personal Property Securities Register (PPSR) each PPSR registration referred to in Schedule 1 to this judgment for the purposes of s 588FL(2)(b)(iv) of the Corporations Act;
2. Pursuant to s 588FM of the Corporations Act, 11 November 2016 is fixed as the time for the plaintiff to register PPSR registration numbers:
1. 2016110100344207;
2. 201611010036493;
3. 201611010035707; and
4. 201611010033068,
on the PPSR for the purposes of s 588FL(2)(b)(iv) of the Corporations Act;
1. Pursuant to s 293(1) of the Personal Property Securities Act 2009 (Cth) (PPSA), the number of business days set out in s 62(3)(b) be extended by the appropriate number of business days relevant such that:
1. any registration on the PPSR made by the plaintiff on or prior to 2 November 2016 as contained in Schedule 2 to this judgment falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order;
2. PPSR Registration No: 201611010036493 and 201611010035707 made by the plaintiff on 11 November 2016 falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order; and
3. PPSR Registration No: 201611010026726 made by the plaintiff on 19 January 2017 falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order;
1. If, within 6 months of 2 November 2016, any winding up of any of the first defendants occurs, or an administrator is appointed to any of the first defendants under ss 436A, 436B or 436C of the Corporations Act, or any of the first defendants execute a deed of company arrangement, liberty is reserved to any liquidator, administrator or deed administrator of any of the first defendants to apply to discharge or vary orders 1 and 2.
2. If, within 6 months of 11 November 2016 any winding up of Drinx Pty Ltd or Stuart Dickson Produce Pty Ltd occurs, or an administrator is appointed to any of those first defendants under ss 436A, 436B or 436C of the Corporations Act, or any of those first defendants execute a deed of company arrangement, liberty is reserved to any liquidator, administrator or deed administrator of any of those first defendants to apply to discharge or vary orders 1 and 2.
3. Any person or entity who has a perfected security interest over collateral the subject of any of the registrations set out in Schedules 1 or 2 to this judgment, other than any of the second defendants or third defendants to these proceedings, has liberty to apply to set aside, amend or vary any of orders 1, 2 or 3 of these orders on three days' written notice to the plaintiff.
4. The plaintiff has liberty to apply on three days' notice.
5. These orders be entered forthwith.
[11]
Schedule 1
List of plaintiff's new PPSR Registrations the subject of s 588 FM orders
No. Name of grantor PPSR Registration Number PPSR Registration Number
(PMSI registration) (non-PMSI registration)
1 4 in 1 Wyoming Pty Ltd T/as Anytime Fitness Wyoming 201611010037114 201611010034810
2 5 Ships At Sea Pty Ltd IIOC & ATF The 5 Ships Trust T/as The Grace Darling Hotel 201611020009748 201611020009769
3 Abacus Asset & Financial Management Pty Ltd 201611010036354 201611010034063
4 ABBA Sheetmetal Pty Ltd 201611010036074 201611010033607
5 Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata 201611020033870 201611020034313
6 Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata 201611020034487 201611020034912
7 ALH Group Pty Ltd 201611010036799 201611010034517
8 ALH Group Pty Ltd 201611010037030 201611010034731
9 All Communication Matters Pty Ltd 201611010036850 201611010034564
10 Armstrong Investments (Ballarat) Pty Ltd IIOC & ATF The NAKE Family Trust 201611020007714 201611020007849
11 Ausbarge Marine Services Pty Ltd 201611010035920 201611010033386
12 Australian Institute of Personal Trainers Pty Ltd 201611010035657 201611010032980
13 Australian Institute of Personal Trainers Pty Ltd 201611010036464 201611010034141
14 Automotive Food Metals Engineering Printing & Kindred Industries Union T/as Australian Manufacturing Workers' Union 201611010036100 201611010033611
15 Bada Group Pty Ltd 201611010036377 201611010034071
16 Bark King Group Pty Ltd IIOC & ATF The Johnston Family Trust 201611010045459 201611010045535
17 Bavarian Motor Vehicle Engineering Pty Ltd T/as Bavarian Engineering 201611010035089 201611010032458
18 Beales IGA Everyday Pty Ltd 201611010035004 201611010032381
19 Bellmac Cartons Pty Ltd 201611010035537 201611010032869
20 Bendigo Sheetmetal Pty Ltd 201611010036694 201611010034426
21 Beton Pumping Group Pty Ltd 201611010036019 201611010033522
22 Billy Couldwell Pty Ltd T/as Ray White (Green Square Botany) 201611010035814 201611010033184
23 Birkenhead Seafoods Pty Ltd T/as Jonnies Seafoods 201611010036308 201611010034028
24 Bitzios Consulting Pty Ltd IIOC & ATF The Bitzios Family Trust 201611020003214 201611020003222
25 Body Blitz 24/7 Fitness Pty Ltd 201611010035898 201611010033338
26 Bouygues Construction Australia Pty Ltd 201611010035281 201611010032663
27 Box Hill Superclinic Pty Ltd IIOC & ATF The Box Hill Superclinic Unit Trust T/as Cosmetic Institute of Australia 201611020007143 201611020007162
28 Braemar College Ltd 201611010035402 201611010032784
29 Braemar College Ltd 201611010035473 201611010032848
30 Braemar College Ltd 201611010035500 201611010032853
31 Camtes Pty Ltd T/as Ipswich Pet & Aquarium 201611010035193 201611010032587
32 Canberra Private Hospital Pty Ltd 201611010036884 201611010034615
33 Capital Radiology Pty Ltd 201611010036656 201611010034398
34 Cardwell Care Incorporated 201611010036214 201611010033761
35 Carok Pty Ltd IIOC & ATF The Carok Settlement T/as Bob Jane T-Mart Ballarat 201611020007232 201611020007297
36 Cathcart Investments Pty Ltd IIOC & ATF The D & L Cathcart Family Trust T/as Cathcart Smash Repairs 201611020009027 201611020009070
37 Cedar Australia International Pty Ltd T/as Chateau Elan Hunter Valley 201611010036057 201611010033567
38 Cellmore Real Estate Pty Ltd 201611010035965 201611010033420
39 Cerebral Palsy Alliance 201611010035275 201611010032659
40 Chernway Pty Ltd 201611010035805 201611010033178
41 Constant Technology Pty Ltd 201611010035603 201611010032914
42 Corporate Communique Pty Ltd 201611010035164 201611010032556
43 Country Club International Pty Ltd IIOC & ATF The Country Club International Unit Trust T/as Country Club International 201611020003116 201611020003137
44 CPA Partners Pty Ltd 201611010035753 201611010033113
45 Craiglea Pty Ltd T/as Kaczanowski & Co 201611010035661 201611010033010
46 Customised Traffic Management Pty Ltd 201611010036163 201611010033682
47 Dandenong Gate Co Pty Ltd IIOC & ATF The Dandenong Co Unit Trust 201611020007369 201611020007395
48 Daniel, Daniel & CO Pty Ltd IIOC & ATF The Daniel & Daniel Trust T/as Wolli Creek Family Practice 201611020003159 201611020003163
49 Delta Aviation Services Pty Ltd 201611010036982 201611010034689
50 Desmond William Gillam & Wendy Gillam T/as Gippsland Monograms Warragul Workwear 201611020032187 201611020032314
51 Dolphin Hotel Surry Hills Pty Ltd IIOC & ATF The Dolphin Hotel Unit Trust 201611020009846 201611020009879
52 Drinx Pty Ltd IIOC & ATF The Drinx Trust 201611020003589 201611020003618
53 Drinx Pty Ltd IIOC & ATF The Drinx Trust 201611010036493 201611010034207
54 E & D Danias Pty Ltd IIOC & ATF The Danias Family Trust T/as Danias Timber 201611010044995 201611010045056
55 E.M.E. Nominees Pty Ltd T/as Rotapro 201611010034950 201611010032334
56 Eat Fit Food Pty Ltd 201611010035366 201611010032709
57 Eco-Growth International Pty Ltd 201611010037076 201611010034754
58 EEE Investments Pty Ltd T/as Springfield Civil 201611010035378 201611010032713
59 Eighty Eight Real Estate Pty Ltd T/as Barry Plant Cranbourne 201611010036003 201611010033514
60 Ellem Holdings Pty Ltd T/as Kaczanowski & Co 201611010036562 201611010034295
61 E-Plot Pty Ltd IIOC & ATF The E-Plot Unit Trust 201611020006828 201611020006844
62 Everseal Australia Pty Ltd 201611010035140 201611010032539
63 Fab Kitchen's Pty Ltd 201611010036159 201611010033669
64 Fabiola Beauty Pty Ltd 201611010035769 201611010033121
65 Fiacloir Pty Ltd T/as Gladesville Orthodontics 201611010035206 201611010032594
66 Findex Australia Pty Ltd 201611010035879 201611010033291
67 Findex Australia Pty Ltd 201611010036706 201611010034435
68 Flexi Staff Pty Ltd 201611010035544 201611010032876
69 Forest Investment Group Pty Ltd IIOC & ATF The Forest Unit Trust T/as IGA Lugarno 201611020003354 201611020003401
70 Forster Bowling Club Ltd 201611010035711 201611010033081
71 Frentamine Pty Ltd IIOC & ATF The Frentamine Trust T/as Big Chair Living 201611020004786 201611020004861
72 Frost Air Conditioning Pty Ltd 201611010037082 201611010034765
73 G & K Hore Industries Pty Ltd IIOC & ATF The Hore Family Trust T/as Eurocity Motors 201611020010218 201611020010256
74 Gibb Farming Company Pty Ltd 201611010037179 201611010034847
75 Gisborne Supermarket Pty Ltd IIOC & ATF The Gisborne Supermarket Unit Trust 201611020002839 201611020002887
76 GPR Scanning Pty Ltd 201611010036233 201611010033918
77 Graham George Wilson & Rosyln Wilson ITOC & ATF The G & R Wilson Family Trust T/as Allcraft Tools & Equipment 201611020031552 201611020031649
78 Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA 201611020006551 201611020006735
79 Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA 201611020008581 201611020008620
80 Greenwood Property Group Pty Ltd T/as Ray White Bankstown 201611010035138 201611010032525
81 Greg Forte & Co Pty Ltd IIOC & ATF The Greg Forte Trading Trust T/as Delta Floorworld 201611010046231 201611010046436
82 Greville Street Enterprises Pty Ltd IIOC & ATF The 142 Greville Street Enterprises Unit Trust T/as Toko Melbourne 201611020003527 201611020003562
83 Hallmic Investments Pty Ltd IIOC & ATF The Zhang-Hoyle Family Trust T/as Eastern Cleaning Supplies 201611020005858 201611020005972
84 Hemco Industries Pty Ltd 201611010036723 201611010034457
85 Hopetoun Kembla Holdings Pty Ltd T/as Four In Hand Hotel 201611010036976 201611010034662
86 Hopetoun Kembla Holdings Pty Ltd T/As The Woolahra Hotel 201611010036625 201611010034379
87 In Balance Fitness (Vic) Pty Ltd 201611010036821 201611010034538
88 International Security Training Academy Pty Ltd 201611010035210 201611010032600
89 Ioctane Pty Ltd T/as Launchpad Serviced Offices 201611010035977 201611010033454
90 J & S Airconditioning Pty Ltd 201611010036396 201611010034092
91 J J Toomey Pty Ltd T/as Allies Hotel 201611010036710 201611010034442
92 J.G. Goldner Pty Ltd 201611010034945 201611010032310
93 Jamie Vincent Chant & Lee-Ann Gay Chant T/as Harrisons Mowers Campsie 201611020031758 201611020031886
94 JEJM Gregory Hills Pty Ltd IIOC & ATF The Gregory Hills Hotel Unit Trust T/as Gregory Hills Hotel 201611020010148 201611020010169
95 JJ Medical Services Pty Ltd 201611010036781 201611010034490
96 John Falcone & Sons Pty Ltd T/as Stockdale & Leggo St Albans 201611010036267 201611010033994
97 Julien Pty Ltd IIOC & ATF The Julien Unit Trust T/as Le Brun Glezakos 201611010044251 201611010044312
98 Just Squeezed Fruit Juices (NSW) Pty Ltd 201611010035674 201611010033023
99 Kenneth Eduard Dunn & Paula Frances Hill & Janice Margaret Sullivan & Michael Francis Sullivan T/as Nature's Garden Organic Grocery 201611020038797 201611020039130
100 KX Pilates Richmond Pty Ltd IIOC & ATF The KX Pilates Richmond Unit Trust 201611010046824 201611010047005
101 LA Realty (Victoria) Pty Ltd 201611010036768 201611010034488
102 Laser Clinics Australia (Erina) Pty Ltd 201611010036589 201611010034314
103 Laser Clinics Australia (Newcastle) Pty Ltd 201611010036591 201611010034333
104 Laser Trak Pty Ltd 201611010036026 201611010033533
105 LegalVision ILP Pty Ltd 201611010035058 201611010032427
106 Link Systems Australia Pty Ltd 201611010035425 201611010032807
107 LSDB Pty Ltd As Nominee For The Laing & Simmons Double Bay Property Sales Partnership T/as Laing & Simmons Double Bay 201611020052805 201611020052851
108 Luxecorp Pty Ltd T/as World Gym Albury 201611010037095 201611010034796
109 M & D Jones Customs Pty Ltd IIOC & ATF The M & D Jones Customs Unit Trust 201611020006301 201611020006317
110 M P Safety Management Pty Ltd 201611010036948 201611010034643
111 M W & M A Kemp Pty Ltd T/as Top Meats 201611010036734 201611010034474
112 Magic Glass Pty Ltd 201611010035268 201611010032644
113 Mahercorp Pty Ltd 201611010035748 201611010033109
114 Mainestead Holdings Pty Ltd IIOC & ATF The Mainestead Trust T/as Black Forest Meats 201611020004239 201611020004260
115 Mamma Natuzza Pty Ltd 201611010035563 201611010032882
116 Mamma Natuzza Pty Ltd 201611010035983 201611010033477
117 Mario Abela & Sons Pty Ltd IIOC & ATF The Mario Abela Family Trust T/as Melton Smash Repairs 201611020009418 201611020009487
118 Mark Ferrari Pty Ltd 201611010036438 201611010034125
119 McEwing Partners Pty Ltd 201611010036061 201611010033580
120 Medical Channel Pty Ltd 201611010035456 201611010032830
121 Melbourne Stadiums Ltd 201611010037011 201611010034712
122 Melca Nominees Pty Ltd T/as Melbourne Carpet Specialists 201611010037133 201611010034823
123 Mikcon Pty Ltd 201611010035321 201611010032685
124 Mindful Movementz Pty Ltd IIOC & ATF The Mindful Movementz Trust T/as KX Pilates Berwick 201611020003781 201611020003809
125 Monoland Embroidery Pty Ltd 201611010037198 201611010034881
126 Mountain Designs Pty Ltd 201611010035851 201611010033236
127 Mountain Designs Pty Ltd 201611010036687 201611010034419
128 MSAP Pty Ltd T/as Artist Photographer 201611010036455 201611010034139
129 National Property Valuers (NSW) Pty Ltd 201611010036486 201611010034173
130 Neptune Hospitality Pty Ltd T/as Seadeck International 201611010036536 201611010034248
131 Net City Pty Ltd 201611010035117 201611010032491
132 Newcombes Holdings Pty Ltd IIOC & ATF The Newcombe Family Trust T/as Village Motors 201611020002927 201611020003019
133 Nexon Asia Pacific Pty Ltd 201611010035129 201611010032502
134 Nicholas David Havill T/as Beach Fitness Semaphore 201611010027209 201611010027278
135 Norton Glass Pty Ltd 201611010036401 201611010034102
136 Nu Pulse Pty Ltd 201611010035931 201611010033393
137 O'Connell St Medical Centre Pty Ltd 201611010034978 201611010032347
138 On The Ball Personnel Australasia Pty Ltd IIOC & ATF The On The Ball Personnel Australasia Trust 201611020003953 201611020004148
139 Online Performance Autos Pty Ltd 201611010037007 201611010034708
140 Organic Crop Protectants Pty Ltd 201611010035313 201611010032671
141 P & M Quality Smallgoods Pty Ltd 201611010036969 201611010034658
142 P & M Quality Smallgoods Pty Ltd 201611010037216 201611010034913
143 Paul Filing Enterprises Pty Ltd 201611010036602 201611010034351
144 Paul Moraitis (Investments) Pty Ltd IIOC & ATF The Paul Moraitis Family Trust & Stephen Moraitis IHOC & ATF The Stephen Moraitis Family Trust T/as Morco Fresh 201611020052275 201611020052642
145 Pendle Ham & Bacon Curers Pty Ltd IIOC & ATF The PHBC Absolutely Entitled Trust 201611020003267 201611020003298
146 Penpharm Pty Ltd IIOC & ATF The Penpharm Unit Trust T/as Terry White Chemists Rosebud 201611010045629 201611010045664
147 Perfection Fresh Australia Pty Ltd 201611010036280 201611010034000
148 Perfection Fresh Australia Pty Ltd 201611010036331 201611010034044
149 Peter Barton Pty Ltd IIOC & ATF The Barton Family Trust 201611020006987 201611020007025
150 Pets Haven Foundation Ltd 201611010036246 201611010033941
151 Petsure Australia Pty Ltd 201611020042832 201611020043031
152 Pivotal Motion Physiotherapy Pty Ltd 201611010035688 201611010033034
153 PKFWNS Pty Ltd 201611010037200 201611010034899
154 Pope Joan Pty Ltd IIOC & ATF The WFD Fixed Unit Trust 201611020005430 201611020005532
155 Poseidon Charters Pty Ltd T/as Vagabond Cruises 201611010035626 201611010032933
156 Primerano Investments Pty Ltd T/as Spar Nth Parramatta 201611010035846 201611010033204
157 Pro Light & Sound (VIC) Pty Ltd 201611010036383 201611010034085
158 Quany's Pty Ltd IIOC & ATF The Quang Family Trust 201611020009223 201611020009309
159 Quick Corporate Australia Pty Ltd IIOC & ATF The Quick Cup Unit Trust 201611020006431 201611020006496
160 Quicks Freight Holdings Pty Ltd IIOC & ATF The DWJ Quick Family Trust Others T/as Quick's Freight Express 201611010046659 201611010046721
161 R & R Rural & Residential Property Pty Ltd 201611010035776 201611010033166
162 Ram Airconditioning Pty Ltd 201611010036137 201611010033648
163 Ras Cass Pty Ltd IIOC & ATF The Clayfield Aussie Unit Trust T/as Aussie Clayfield 201611020009931 201611020009965
164 Red Funnel Fisheries Newcastle Pty Ltd 201611010035015 201611010032399
165 Remondis Australia Pty Ltd 201611010035954 201611010033408
166 Remondis Australia Pty Ltd 201611010036185 201611010033735
167 Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD 201611010035571 201611010032895
168 Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD 201611010036222 201611010033871
169 Revesby Workers' Club Ltd 201611010037180 201611010034868
170 Riverstone-Schofields Memorial Club Ltd 201611010035833 201611010033197
171 Roberts & Kane Solicitors Pty Ltd 201611010034984 201611010032352
172 Rocket Five Pty Ltd T/as The Mordialloc Grocery Store 201611010036845 201611010034555
173 Rosebower Pty Ltd 201611010037024 201611010034720
174 Ross David Blake T/as R B Productions 201611010026166 201611010026522
175 Royal Motor Yacht Club of New South Wales Port Hacking Branch 201611010035186 201611010032573
176 S Francesco Pty Ltd T/as Criniti's Southbank 201611010036429 201611010034118
177 S Francesco Pty Ltd T/as Criniti's Southbank 201611010036543 201611010034253
178 Scotts Motors Artarmon Pty Ltd T/as Scotts Honda 201611010035585 201611010032905
179 Selina Products Pty Ltd T/as Gejay Automotive 201611010035155 201611010032541
180 Shapes Health Club Holdings Pty Ltd IIOC & ATF The Matter of Trust & Shapes Health Club Holdings Pty Ltd IIOC & ATF The DL Investment Trust T/as Genesis Fitness Clubs Kelmscott 201611020033046 201611020033337
Shellharbour Private Hospital Pty Ltd 201611010036930 201611010034636
182 Shriji Om Pty Ltd T/as IGA Canley Heights 201611010035441 201611010032811
183 Shukri Habib Barbara T/as Property Tax Specialists 201611010038094 201611010038213
184 Silo Developments Australia Pty Ltd 201611010035908 201611010033364
185 Simmons Logistics Pty Ltd 201611010037228 201611010034921
186 South Coast Private Pty Ltd 201611010036907 201611010034627
187 Specialized Apparel LP 201611020042088 201611020042185
188 Starhill Hotel (Brisbane) Pty Ltd 201611010037053 201611010034749
189 Strategic Financial Solutions Pty Ltd 201611010036472 201611010034160
190 Stuart Dickson Produce Pty Ltd IIOC & ATF The Burgess Family Trust 201611010035707 201611010033068
191 Sunny Queen Pty Ltd 201611010036527 201611010034230
192 Swift Transport Pty Ltd 201611010034997 201611010032375
193 Sydney Olympic Football Club Ltd 201611010036832 201611010034540
194 Tadros Travel Services Pty Ltd 201611010035397 201611010032750
195 Tasmanian Gourmet Seafoods Pty Ltd IIOC & ATF The Blake Family Trust 201611020005005 201611020005067
196 Techpro Pty Ltd 201611010035223 201611010032616
197 Teitz Pty Ltd IIOC & ATF The Townshop Trust T/as Teitzel's SUPA IGA Tully 201611010044100 201611010044185
198 Testro Factoring Pty Ltd T/as Hospital Patients Guide 201611010035043 201611010032404
199 The Document Business Centre (Wollongong) Pty Ltd 201611010036312 201611010034037
200 The Forum Group of Companies Pty Ltd 201611010035101 201611010032489
201 The Mach 3 Group Pty Ltd IIOC & ATF The Mach 3 Group Trust 201611010045975 201611010046064
202 The Nail Lab Pty Ltd 201611010035252 201611010032637
203 The Paper Cup Company Pty Ltd 201611010035635 201611010032951
204 The Profectus Investment Group Pty Ltd T/as Aussie Dulwich Hill 201611010036298 201611010034016
205 The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust 201611010044589 201611010044656
206 The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust 201611010044897 201611010044948
207 Tibaldi Australasia Pty Ltd 201611010035867 201611010033262
208 Timber Training Creswick Ltd 201611010035690 201611010033052
209 Titan Cranes & Rigging Pty Ltd 201611010035619 201611010032922
210 Titan Cranes & Rigging Pty Ltd 201611010035724 201611010033099
211 Titan Cranes & Rigging Pty Ltd 201611010035996 201611010033496
212 Titan Cranes & Rigging Pty Ltd 201611010036035 201611010033546
213 TND Meiklejohn Pty Ltd IIOC & ATF The Copeman Trust T/as All In One Fitness Centre 201611020005219 201611020005290
214 Total Industrial Cleaning Services Pty Ltd 201611010035070 201611010032436
215 Tsingele Trading Pty Ltd T/as Gripx Auto Parts 201611010035350 201611010032692
216 US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust 201611020003320 201611020003349
217 US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust 201611020004520 201611020004646
218 Valley Cabinets Pty Ltd 201611010035091 201611010032462
219 Verve Pharmacy Pty Ltd IIOC & ATF The Roberts Family Trust No.2 T/as Kallangur Day & Night Pharmacy 201611020003035 201611020003074
220 Voi Concept Stores Pty Ltd 201611010044809 201611010044850
221 Waratah Private Hospital Pty Ltd 201611010036878 201611010034604
222 Warralodge Pty Ltd T/as Gibb Bros 201611010037167 201611010034834
223 White Ray (Oakleigh) Pty Ltd IIOC & ATF The White Oak Trust T/as Ray White Oakleigh 201611020005566 201611020005597
224 Whittlesea Sawmills Pty Ltd 201611010036128 201611010033630
225 Wisdom Holdings Pty Ltd 201611010037105 201611010034806
226 Xerox Business Services (Australia) Pty Ltd 201611010035384 201611010032732
227 Young & Rubicam Group Pty Ltd 201611010036866 201611010034586
228 Zodiac Group Australia Pty Ltd 201611010036558 201611010034276
[12]
Schedule 2
List of plaintiff's new PPSR Registrations (Registered as a PMSI) the subject of s 293 orders
No. Name of grantor PPSR Registration Number
1 4 in 1 Wyoming Pty Ltd T/as Anytime Fitness Wyoming 201611010037114
2 5 Ships At Sea Pty Ltd IIOC & ATF The 5 Ships Trust T/as The Grace Darling Hotel 201611020009748
3 Abacus Asset & Financial Management Pty Ltd 201611010036354
4 ABBA Sheetmetal Pty Ltd 201611010036074
5 Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata 201611020033870
6 Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata 201611020034487
7 Aggrey Kiyingi 201611010026047
8 ALH Group Pty Ltd 201611010036799
9 ALH Group Pty Ltd 201611010037030
10 All Communication Matters Pty Ltd 201611010036850
11 Armstrong Investments (Ballarat) Pty Ltd IIOC & ATF The NAKE Family Trust 201611020007714
12 Ausbarge Marine Services Pty Ltd 201611010035920
13 Australian Institute of Personal Trainers Pty Ltd 201611010035657
14 Australian Institute of Personal Trainers Pty Ltd 201611010036464
15 Automotive Food Metals Engineering Printing & Kindred Industries Union T/as Australian Manufacturing Workers' Union 201611010036100
16 Bada Group Pty Ltd 201611010036377
17 Bark King Group Pty Ltd IIOC & ATF The Johnston Family Trust 201611010045459
18 Bavarian Motor Vehicle Engineering Pty Ltd T/as Bavarian Engineering 201611010035089
19 Beales IGA Everyday Pty Ltd 201611010035004
20 Bellmac Cartons Pty Ltd 201611010035537
21 Bendigo Sheetmetal Pty Ltd 201611010036694
22 Beton Pumping Group Pty Ltd 201611010036019
23 Billy Couldwell Pty Ltd T/as Ray White (Green Square Botany) 201611010035814
24 Birkenhead Seafoods Pty Ltd T/as Jonnies Seafoods 201611010036308
25 Bitzios Consulting Pty Ltd IIOC & ATF The Bitzios Family Trust 201611020003214
26 Body Blitz 24/7 Fitness Pty Ltd 201611010035898
27 Bouygues Construction Australia Pty Ltd 201611010035281
28 Box Hill Superclinic Pty Ltd IIOC & ATF The Box Hill Superclinic Unit Trust T/as Cosmetic Institute of Australia 201611020007143
29 Braemar College Ltd 201611010035402
30 Braemar College Ltd 201611010035473
31 Braemar College Ltd 201611010035500
32 Brendon Douglas Gray T/as Holyshirt Screen Print 201611010038471
33 Brett James Pattinson & Robyn Joy Pattinson T/as Sydney Meats 201611020040676
34 Brian Francis Lane T/as Lane & O'Rourke 201611010025610
35 Cameron James Woods & Michelle Deanne Barry-Woods ITOC & ATF The Camiche Family Trust T/as Anytime Fitness Australind 201611020039622
36 Camtes Pty Ltd T/as Ipswich Pet & Aquarium 201611010035193
37 Canberra Private Hospital Pty Ltd 201611010036884
38 Capital Radiology Pty Ltd 201611010036656
39 Cardwell Care Incorporated 201611010036214
40 Carok Pty Ltd IIOC & ATF The Carok Settlement T/as Bob Jane T-Mart Ballarat 201611020007232
41 Cathcart Investments Pty Ltd IIOC & ATF The D & L Cathcart Family Trust T/as Cathcart Smash Repairs 201611020009027
42 Cedar Australia International Pty Ltd T/as Chateau Elan Hunter Valley 201611010036057
43 Cellmore Real Estate Pty Ltd 201611010035965
44 Cerebral Palsy Alliance 201611010035275
45 Chernway Pty Ltd 201611010035805
46 Concetta Angela Petrillo 201611010038722
47 Constant Technology Pty Ltd 201611010035603
48 Corporate Communique Pty Ltd 201611010035164
49 Country Club International Pty Ltd IIOC & ATF The Country Club International Unit Trust T/as Country Club International 201611020003116
50 Courtney Emma Darragh & Suzanne Joy Darragh & Tyrone Gary Darragh & Thomas John Darragh T/as SJD's Custom Clothing & Embroidery 201611020036542
51 CPA Partners Pty Ltd 201611010035753
52 Craiglea Pty Ltd T/as Kaczanowski & Co 201611010035661
53 Customised Traffic Management Pty Ltd 201611010036163
54 Dandenong Gate Co Pty Ltd IIOC & ATF The Dandenong Co Unit Trust 201611020007369
55 Daniel, Daniel & CO Pty Ltd IIOC & ATF The Daniel & Daniel Trust T/as Wolli Creek Family Practice 201611020003159
56 David Andrew Eyles T/as Mosman Dental Clinic 201611010028356
57 Delta Aviation Services Pty Ltd 201611010036982
58 Desmond William Gillam & Wendy Gillam T/as Gippsland Monograms Warragul Workwear 201611020032187
59 Dolphin Hotel Surry Hills Pty Ltd IIOC & ATF The Dolphin Hotel Unit Trust 201611020009846
60 DP1094273 T/as The BMC - DP1094273 201611020043238
61 Drinx Pty Ltd IIOC & ATF The Drinx Trust 201611020003589
62 Drinx Pty Ltd IIOC & ATF The Drinx Trust 201611010036493
63 E & D Danias Pty Ltd IIOC & ATF The Danias Family Trust T/as Danias Timber 201611010044995
64 E.M.E. Nominees Pty Ltd T/as Rotapro 201611010034950
65 Eat Fit Food Pty Ltd 201611010035366
66 Eco-Growth International Pty Ltd 201611010037076
67 EEE Investments Pty Ltd T/as Springfield Civil 201611010035378
68 Eighty Eight Real Estate Pty Ltd T/as Barry Plant Cranbourne 201611010036003
69 Ellem Holdings Pty Ltd T/as Kaczanowski & Co 201611010036562
70 E-Plot Pty Ltd IIOC & ATF The E-Plot Unit Trust 201611020006828
71 Everseal Australia Pty Ltd 201611010035140
72 Fab Kitchen's Pty Ltd 201611010036159
73 Fabiola Beauty Pty Ltd 201611010035769
74 Felice Anthony Vitiello 201611010026726
75 Fiacloir Pty Ltd T/as Gladesville Orthodontics 201611010035206
76 Findex Australia Pty Ltd 201611010035879
77 Findex Australia Pty Ltd 201611010036706
78 Flexi Staff Pty Ltd 201611010035544
79 Forest Investment Group Pty Ltd IIOC & ATF The Forest Unit Trust T/as IGA Lugarno 201611020003354
80 Forster Bowling Club Ltd 201611010035711
81 Frentamine Pty Ltd IIOC & ATF The Frentamine Trust T/as Big Chair Living 201611020004786
82 Frost Air Conditioning Pty Ltd 201611010037082
83 G & K Hore Industries Pty Ltd IIOC & ATF The Hore Family Trust T/as Eurocity Motors 201611020010218
84 G & S Richmond Partnership T/as Rhino Promotions 201611020042349
85 Gareth Adam Lewell T/as Lewell Dental 201611020041725
86 Gibb Farming Company Pty Ltd 201611010037179
87 Gisborne Supermarket Pty Ltd IIOC & ATF The Gisborne Supermarket Unit Trust 201611020002839
88 GPR Scanning Pty Ltd 201611010036233
89 Graham George Wilson & Rosyln Wilson ITOC & ATF The G & R Wilson Family Trust T/as Allcraft Tools & Equipment 201611020031552
90 Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA 201611020006551
91 Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA 201611020008581
92 Greenwood Property Group Pty Ltd T/as Ray White Bankstown 201611010035138
93 Greg Forte & Co Pty Ltd IIOC & ATF The Greg Forte Trading Trust T/as Delta Floorworld 201611010046231
94 Gregory John Dunstan T/as Dunstan Legal 201611020041033
95 Greville Street Enterprises Pty Ltd IIOC & ATF The 142 Greville Street Enterprises Unit Trust T/as Toko Melbourne 201611020003527
96 Hallmic Investments Pty Ltd IIOC & ATF The Zhang-Hoyle Family Trust T/as Eastern Cleaning Supplies 201611020005858
97 Hemco Industries Pty Ltd 201611010036723
98 Hopetoun Kembla Holdings Pty Ltd T/as Four In Hand Hotel 201611010036976
99 Hopetoun Kembla Holdings Pty Ltd T/As The Woolahra Hotel 201611010036625
100 HWL Ebsworth Lawyers 201611020017069
101 HWL Ebsworth Lawyers 201611020012628
102 HWL Ebsworth Lawyers 201611020014474
103 HWL Ebsworth Lawyers 201611020015210
104 In Balance Fitness (Vic) Pty Ltd 201611010036821
105 International Security Training Academy Pty Ltd 201611010035210
106 Ioctane Pty Ltd T/as Launchpad Serviced Offices 201611010035977
107 J & S Airconditioning Pty Ltd 201611010036396
108 J J Toomey Pty Ltd T/as Allies Hotel 201611010036710
109 J.G. Goldner Pty Ltd 201611010034945
110 Jamie Vincent Chant & Lee-Ann Gay Chant T/as Harrisons Mowers Campsie 201611020031758
111 JEJM Gregory Hills Pty Ltd IIOC & ATF The Gregory Hills Hotel Unit Trust T/as Gregory Hills Hotel 201611020010148
112 JJ Medical Services Pty Ltd 201611010036781
113 Johanne Gwendolyn Nolan & John Peter Nolan T/as Percy's at Smithfield 201611010039815
114 John Falcone & Sons Pty Ltd T/as Stockdale & Leggo St Albans 201611010036267
115 Joseph Daniel Jedwab T/as Hampton Veterinary Hospital 201611010027854
116 Julien Pty Ltd IIOC & ATF The Julien Unit Trust T/as Le Brun Glezakos 201611010044251
117 Just Squeezed Fruit Juices (NSW) Pty Ltd 201611010035674
118 Kenneth Eduard Dunn & Paula Frances Hill & Janice Margaret Sullivan & Michael Francis Sullivan T/as Nature's Garden Organic Grocery 201611020038797
119 KX Pilates Richmond Pty Ltd IIOC & ATF The KX Pilates Richmond Unit Trust 201611010046824
120 LA Realty (Victoria) Pty Ltd 201611010036768
121 Laser Clinics Australia (Erina) Pty Ltd 201611010036589
122 Laser Clinics Australia (Newcastle) Pty Ltd 201611010036591
123 Laser Trak Pty Ltd 201611010036026
124 Lauren Kate Norris T/as Wicked Temptations 201611010038923
125 LegalVision ILP Pty Ltd 201611010035058
126 Link Systems Australia Pty Ltd 201611010035425
127 LSDB Pty Ltd As Nominee For The Laing & Simmons Double Bay Property Sales Partnership T/as Laing & Simmons Double Bay 201611020052805
128 Luxecorp Pty Ltd T/as World Gym Albury 201611010037095
129 M & D Jones Customs Pty Ltd IIOC & ATF The M & D Jones Customs Unit Trust 201611020006301
130 M P Safety Management Pty Ltd 201611010036948
131 M W & M A Kemp Pty Ltd T/as Top Meats 201611010036734
132 Magic Glass Pty Ltd 201611010035268
133 Mahercorp Pty Ltd 201611010035748
134 Mainestead Holdings Pty Ltd IIOC & ATF The Mainestead Trust T/as Black Forest Meats 201611020004239
135 Mamma Natuzza Pty Ltd 201611010035563
136 Mamma Natuzza Pty Ltd 201611010035983
137 Mario Abela & Sons Pty Ltd IIOC & ATF The Mario Abela Family Trust T/as Melton Smash Repairs 201611020009418
138 Mark Ferrari Pty Ltd 201611010036438
139 McEwing Partners Pty Ltd 201611010036061
140 Medical Channel Pty Ltd 201611010035456
141 Melbourne Stadiums Ltd 201611010037011
142 Melca Nominees Pty Ltd T/as Melbourne Carpet Specialists 201611010037133
143 Michael Joseph Frank Luca T/as Love Home Loans 201611010027590
144 Mikcon Pty Ltd 201611010035321
145 Mindful Movementz Pty Ltd IIOC & ATF The Mindful Movementz Trust T/as KX Pilates Berwick 201611020003781
146 Monoland Embroidery Pty Ltd 201611010037198
147 Mountain Designs Pty Ltd 201611010035851
148 Mountain Designs Pty Ltd 201611010036687
149 MSAP Pty Ltd T/as Artist Photographer 201611010036455
150 National Property Valuers (NSW) Pty Ltd 201611010036486
151 Neptune Hospitality Pty Ltd T/as Seadeck International 201611010036536
152 Net City Pty Ltd 201611010035117
153 Newcombes Holdings Pty Ltd IIOC & ATF The Newcombe Family Trust T/as Village Motors 201611020002927
154 Nexon Asia Pacific Pty Ltd 201611010035129
155 Nicholas David Havill T/as Beach Fitness Semaphore 201611010027209
156 Norton Glass Pty Ltd 201611010036401
157 Nu Pulse Pty Ltd 201611010035931
158 O'Connell St Medical Centre Pty Ltd 201611010034978
159 On The Ball Personnel Australasia Pty Ltd IIOC & ATF The On The Ball Personnel Australasia Trust 201611020003953
160 Online Performance Autos Pty Ltd 201611010037007
161 Organic Crop Protectants Pty Ltd 201611010035313
162 P & M Quality Smallgoods Pty Ltd 201611010036969
163 P & M Quality Smallgoods Pty Ltd 201611010037216
164 Paul Filing Enterprises Pty Ltd 201611010036602
165 Paul Moraitis (Investments) Pty Ltd IIOC & ATF The Paul Moraitis Family Trust & Stephen Moraitis IHOC & ATF The Stephen Moraitis Family Trust T/as Morco Fresh 201611020052275
166 Pendle Ham & Bacon Curers Pty Ltd IIOC & ATF The PHBC Absolutely Entitled Trust 201611020003267
167 Penpharm Pty Ltd IIOC & ATF The Penpharm Unit Trust T/as Terry White Chemists Rosebud 201611010045629
168 Perfection Fresh Australia Pty Ltd 201611010036280
169 Perfection Fresh Australia Pty Ltd 201611010036331
170 Peter Barton Pty Ltd IIOC & ATF The Barton Family Trust 201611020006987
171 Peter Damian Francis IHOC & ATF The Francis Practice Trust & Jennifer Maxine Lightowlers IHOC & ATF The Lightowlers Practice Trust T/as Fal Lawyers 201611010013974
172 Peter Gatsios IHOC & ATF The PDG Trust T/as Bob Jane T-Marts Ringwood 201611010039242
173 Pets Haven Foundation Ltd 201611010036246
174 Petsure Australia Pty Ltd 201611020042832
175 Pivotal Motion Physiotherapy Pty Ltd 201611010035688
176 PKFWNS Pty Ltd 201611010037200
177 Pope Joan Pty Ltd IIOC & ATF The WFD Fixed Unit Trust 201611020005430
178 Poseidon Charters Pty Ltd T/as Vagabond Cruises 201611010035626
179 Primerano Investments Pty Ltd T/as Spar Nth Parramatta 201611010035846
180 Pro Light & Sound (VIC) Pty Ltd 201611010036383
[13]
182 Quany's Pty Ltd IIOC & ATF The Quang Family Trust 201611020009223
183 Quick Corporate Australia Pty Ltd IIOC & ATF The Quick Cup Unit Trust 201611020006431
184 Quicks Freight Holdings Pty Ltd IIOC & ATF The DWJ Quick Family Trust Others T/as Quick's Freight Express 201611010046659
185 R & R Rural & Residential Property Pty Ltd 201611010035776
186 Ram Airconditioning Pty Ltd 201611010036137
187 Ras Cass Pty Ltd IIOC & ATF The Clayfield Aussie Unit Trust T/as Aussie Clayfield 201611020009931
188 Red Funnel Fisheries Newcastle Pty Ltd 201611010035015
189 Remondis Australia Pty Ltd 201611010035954
190 Remondis Australia Pty Ltd 201611010036185
191 Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD 201611010035571
192 Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD 201611010036222
193 Revesby Workers' Club Ltd 201611010037180
194 Riverstone-Schofields Memorial Club Ltd 201611010035833
195 Roberts & Kane Solicitors Pty Ltd 201611010034984
196 Rocket Five Pty Ltd T/as The Mordialloc Grocery Store 201611010036845
197 Rosebower Pty Ltd 201611010037024
198 Ross David Blake T/as R B Productions 201611010026166
199 Royal Motor Yacht Club of New South Wales Port Hacking Branch 201611010035186
200 S Francesco Pty Ltd T/as Criniti's Southbank 201611010036429
201 S Francesco Pty Ltd T/as Criniti's Southbank 201611010036543
202 Sang Un Ho T/as Marigold Jewellery Manufacturing Co 201611010026885
203 Sang Un Ho T/as Marigold Jewellery Manufacturing Co 201611010026994
204 Scotts Motors Artarmon Pty Ltd T/as Scotts Honda 201611010035585
205 Selina Products Pty Ltd T/as Gejay Automotive 201611010035155
206 Shapes Health Club Holdings Pty Ltd IIOC & ATF The Matter of Trust & Shapes Health Club Holdings Pty Ltd IIOC & ATF The DL Investment Trust T/as Genesis Fitness Clubs Kelmscott 201611020033046
207 Shellharbour Private Hospital Pty Ltd 201611010036930
208 Shriji Om Pty Ltd T/as IGA Canley Heights 201611010035441
209 Shukri Habib Barbara T/as Property Tax Specialists 201611010038094
210 Silo Developments Australia Pty Ltd 201611010035908
211 Simmons Logistics Pty Ltd 201611010037228
212 South Coast Private Pty Ltd 201611010036907
213 Specialized Apparel LP 201611020042088
214 St Gerard's Primary School 201611010036639
215 St Josephs Primary School Boronia 201611010034932
216 St Virgil's College Hobart 201611010036504
217 Starhill Hotel (Brisbane) Pty Ltd 201611010037053
218 Strategic Financial Solutions Pty Ltd 201611010036472
219 Stuart Dickson Produce Pty Ltd IIOC & ATF The Burgess Family Trust 201611010035707
220 Sunny Queen Pty Ltd 201611010036527
221 Susan Dawson & Jennifer Stevenson T/as Broome Natural Wellness 201611010040237
222 Susan Dawson & Jennifer Stevenson T/as Broome Natural Wellness 201611020040262
223 Swift Transport Pty Ltd 201611010034997
224 Sydney Olympic Football Club Ltd 201611010036832
225 Tadros Travel Services Pty Ltd 201611010035397
226 Tasmanian Gourmet Seafoods Pty Ltd IIOC & ATF The Blake Family Trust 201611020005005
227 Techpro Pty Ltd 201611010035223
228 Teitz Pty Ltd IIOC & ATF The Townshop Trust T/as Teitzel's SUPA IGA Tully 201611010044100
229 Testro Factoring Pty Ltd T/as Hospital Patients Guide 201611010035043
230 The Document Business Centre (Wollongong) Pty Ltd 201611010036312
231 The Forum Group of Companies Pty Ltd 201611010035101
232 The Mach 3 Group Pty Ltd IIOC & ATF The Mach 3 Group Trust 201611010045975
233 The Nail Lab Pty Ltd 201611010035252
234 The Paper Cup Company Pty Ltd 201611010035635
235 The Profectus Investment Group Pty Ltd T/as Aussie Dulwich Hill 201611010036298
236 The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust 201611010044589
237 The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust 201611010044897
238 Tibaldi Australasia Pty Ltd 201611010035867
239 Timber Training Creswick Ltd 201611010035690
240 Titan Cranes & Rigging Pty Ltd 201611010035619
241 Titan Cranes & Rigging Pty Ltd 201611010035724
242 Titan Cranes & Rigging Pty Ltd 201611010035996
243 Titan Cranes & Rigging Pty Ltd 201611010036035
244 TND Meiklejohn Pty Ltd IIOC & ATF The Copeman Trust T/as All In One Fitness Centre 201611020005219
245 Total Industrial Cleaning Services Pty Ltd 201611010035070
246 Tsingele Trading Pty Ltd T/as Gripx Auto Parts 201611010035350
247 US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust 201611020003320
248 US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust 201611020004520
249 Valley Cabinets Pty Ltd 201611010035091
250 Verve Pharmacy Pty Ltd IIOC & ATF The Roberts Family Trust No.2 T/as Kallangur Day & Night Pharmacy 201611020003035
251 Voi Concept Stores Pty Ltd 201611010044809
252 Vu Van Hieu T/as Greensborough Embroidery.Com 201611010027382
253 Waratah Private Hospital Pty Ltd 201611010036878
254 Warralodge Pty Ltd T/as Gibb Bros 201611010037167
255 White Ray (Oakleigh) Pty Ltd IIOC & ATF The White Oak Trust T/as Ray White Oakleigh 201611020005566
256 Whittlesea Sawmills Pty Ltd 201611010036128
257 Wisdom Holdings Pty Ltd 201611010037105
258 Xerox Business Services (Australia) Pty Ltd 201611010035384
259 Young & Rubicam Group Pty Ltd 201611010036866
260 Zodiac Group Australia Pty Ltd 201611010036558
[14]
Amendments
28 April 2017 - Typographical amendments
03 August 2017 - Amendment to end [29] - duplication of [30]
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 03 August 2017
Personal Property Securities Act 2009 (Cth), ss 10, 12, 13, 21, 21(3), 21(4), 55, 62, 153, 164, 293, 306, 307, 337A
Personal Property Securities Regulations 2010 (Cth), Schedule 1, cll 1.2, 1.3, 1.5
Cases Cited: Bevillesta Pty Ltd v Imagine Un Ltd [2009] VSC 50; (2009) 69 ACSR 574
Re Accolade Wines Australia Ltd & Other Companies [2016] NSWSC 1023
Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd (2014) 101 ACSR 629; [2014] NSWSC 782
Re Black Opal IP Pty Limited [2013] NSWSC 1225
Re Cardinia Nominees Pty Ltd [2013] NSWSC 32
Re Carpenter International Pty Ltd [2016] VSC 118
Re Flinders Trading Co Pty Ltd [1978] 20 SASR 14 at [49]; (1978) 3 ACLR 218
Re Quality Blended Liquor Pty Ltd (2014) 102 ACSR 451; [2014] QSC 234
Re Transurban CCT Pty Ltd (in its own capacity and as trustee of the Transurban CCT Trust) [2014] NSWSC 1909
Category: Principal judgment
Parties: Northern Managed Finance Pty Limited (Plaintiff)
4 in 1 Wyoming Pty Limited (ACN 145 601 618) and other named First Defendants in Schedule A to the Originating Process (First Defendant)
ACN 603 303 126 Pty Ltd and other named Second Defendants in Schedule B to the Originating Process (Second Defendant)
Architectural Glass and Cladding Pty Ltd and other named Third Defendants in Schedule C to the Originating Process (Third Defendant)
Representation: Counsel:
Mr N Mirzai (Plaintiff)