Wilde v Australian Trade Equipment Co Ltd [1981] HCA 13
Where registration of a charge out of statutory time is effected in reliance on a valid court order extending time, and a certificate of registration is issued, the statutory certificate is conclusive evidence of compliance with registration requirements under s. 103(2), even if the order extending time is subsequently set aside; accordingly, the charge is not void against the liquidator or creditors.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Final Appellate Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['registration of Company Charges' 'priority of Secured Creditors' 'liquidation' 'interpretation of Statutory Certificates']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Final Appellate Judgment
Legal Issues
- 1 ['Whether a registered charge is void against the liquidator and creditors when time for registration was extended by court order later set aside' 'Effect of certificate of registration under s. 103(2) of the Companies Act 1961 (Qld) when order extending registration is set aside']
Ratio Decidendi
Where registration of a charge out of statutory time is effected in reliance on a valid court order extending time, and a certificate of registration is issued, the statutory certificate is conclusive evidence of compliance with registration requirements under s. 103(2), even if the order extending time is subsequently set aside; accordingly, the charge is not void against the liquidator or creditors.
Court Disposition
Appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs.']
Full Case Text
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