Last week I delivered an update on developments in PPSA case law to an audience at Leo Cussens, an update I present twice each year. The seminar covered 10 recent cases and was part of a morning of presentations on the PPSA by various speakers.
A copy of the paper and overheads presented at the seminar can be found here:
Some of the interesting decisions include:
Keon Pty Ltd as trustee for Keon Family Trust v Goldfields Equipment Pty Ltd (In Liquidation) [2020] WASC 61, a harsh lesson for a lender relying on an (undrafted) agreement to provide a charge as a security interest (the lender failed)
Allied Master Chemists of Australia Limited, Re [2020] NSWSC 291, an extension of time case under s588FM where the court did not require a Guardian Securities order mainly because the borrower was a large listed pharmaceutical group with no material insolvency risk
Everlyte Ltd v Registrar of Personal Property Securities [2020] AATA 2584, a demonstration that an ownership interest of itself, not securing payment or performance of an obligation, is not a security interest. The applicant was the owner of a stolen helicopter who registered its interest on the PPSA as owner after the theft.
Thanks to Leo Cussens for hosting the seminar.
Mark McKillop Barrister 
Thanks Mark
You can probably use this as a stepping off point for your presentation at the ARITA Conference on 13 July
Regards
Adrian Hunter
Partner
Brooke Bird â Turnaround, Advisory and Insolvency Specialists
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That’s the plan at this stage Adrian!