Getakate Pty Ltd v Beniki Finance Pty Ltd (formerly LSP Finance Pty Ltd) [2021] FCA 1118

Getakate Pty Ltd v Beniki Finance Pty Ltd (formerly LSP Finance Pty Ltd) [2021] FCA 1118

The applicant satisfied the requirements for an order under s 182 of the Personal Property Securities Act 2009 (Cth) by discharging the security interest and making proper administrative and statutory attempts to remove the registration with no response from the first respondent, justifying the granting of the orders sought including costs.

Jurisdiction
Australia
Judgment Date
14 September 2021
Procedural Posture
Application Under the Personal Property Securities Act 2009 (cth) / Judgment on Application
Outcome
Application granted
Legal Topics
['personal Property Securities' 'financing Change Statement' 'security Interests' 'amendment Demand']
['commercial Law' 'contract Law'] ['personal Property Securities' 'financing Change Statement' 'security Interests' 'amendment Demand']

Case Brief

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Procedural Posture

Application Under the Personal Property Securities Act 2009 (cth) / Judgment on Application

Legal Issues

  1. 1 ['Whether the Registrar of Personal Property Securities should be ordered under s 182 of the Personal Property Securities Act 2009 (Cth) to register a financing change statement removing registration 201708280069808' "Whether the first respondent should pay the applicant's costs"]

Ratio Decidendi

The applicant satisfied the requirements for an order under s 182 of the Personal Property Securities Act 2009 (Cth) by discharging the security interest and making proper administrative and statutory attempts to remove the registration with no response from the first respondent, justifying the granting of the orders sought including costs.

Court Disposition

Application granted

Orders

  • ['The Registrar of Personal Property Securities is ordered to forthwith register a financing change statement removing registration 201708280069808 from the Personal Property Securities Register.' 'A direction is made under r 1.39 of the Federal Court Rules 2011 (Cth) that the application be returnable...