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    The impact of the Personal Property Securities Act on leasing or hiring equipment
    2010-06-25

    This is the second of a series of articles that will examine the impact of the Personal Property Securities Act 2009 on specific business sectors. In this article Corporate Lawyer, Llon Riley deals with the impact of the PPSA on leasing or hiring equipment.

    Filed under:
    Australia, Asset Finance, Insolvency & Restructuring, Piper Alderman, Interest, Personal property, Intangible asset, Aircraft registration, Unsecured creditor, Securities Act 1933 (USA)
    Location:
    Australia
    Firm:
    Piper Alderman
    11-figure ABN adds up to 7-figure dollar loss as Supreme Court rules on defective PPSR registration
    2017-05-22

    On 2 May 2017, the Supreme Court of New South Wales handed down its decision refusing an application to extend time to register a security interest in Production Printing (Aust) Pty Ltd (in liquidation)[2017] NSWSC 505.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox, Securities Act 1933 (USA), Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Katherine Payne
    Location:
    Australia
    Firm:
    Hall & Wilcox
    PPSA - Curing a defective registration
    2016-08-17

    The importance of security holders accurately registering their interest on the Personal Property Securities Register (PPSR) to create a valid, enforceable interest is constantly emphasised in commentary and cases. It is accepted that an error in a grantor’s identifier is likely to be fatal to a PPSR registration1, often resulting in a creditor’s unperfected interest vesting in a company upon it entering administration or liquidation. However, a recent decision of the New South Wales Supreme Court illustrates that a defective registration may be cured without losing priority.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox, Legal personality, Collateral (finance), Security (finance), Interest, Debt, Ex parte, Personal property, Liquidation, Conveyancing, Secured creditor, Prejudice, Aircraft registration, Securities Act 1933 (USA), Corporations Act 2001 (Australia)
    Authors:
    Katherine Payne
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Perfection requirements of transitional security interests under the Personal Property Securities Act 2009 (Cth)
    2014-04-08

    Central Cleaning Supplies (Aust) Pty Ltd v Elkerton [2014] VSC 61.

    Appeal from liquidators’ decision to reject claim for the return of cleaning equipment subject to retention of title. Consideration of retention of title clauses and the application of the transitional security agreements under Personal Property Securities Act 2009 (Cth).

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Liquidation, Liquidator (law), Title retention clause, Securities Act 1933 (USA)
    Authors:
    Andrea L Mapp
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Account receivable defined
    2011-10-04

    Burns & Agnew v Commissioner of the Inland Revenue and Strategic Finance Limited (in rec) concerned a dispute between a secured creditor and the IRD (as a preferential creditor) in respect of certain funds received by the liquidators of Takapuna Procurement Limited (TPL).  The liquidators applied to the High Court for directions as to the application of those funds and this required the Court to undertake an analysis of the concept of an "account receivable" for the purposes of determining whether such funds could be applied to satisfy preferential claims under the Seventh

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Credit (finance), Security (finance), Accounts receivable, Debt, Personal property, Liquidation, Unconscionability, Secured creditor, Liquidator (law), Securities Act 1933 (USA)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Lien vs security interest - who wins?
    2011-11-07

    A lien is the right to hold on to goods, and in some cases sell them, in order to ensure payment.  Often the debt will be connected with services related to the goods.

    A lien can be obtained by contract, or in certain specific situations the law creates it automatically.  The difference can be significant.

    Under the Personal Property Securities Act (PPSA), the holder of a common law or statutory lien may in some cases have special priority over a company’s secured creditors.

    Types of lien

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Chapman Tripp, Debtor, Security (finance), Solicitor, Debt, Personal property, Common law, Securities Act 1933 (USA), Court of Appeal of England & Wales
    Authors:
    Michael Arthur , Michael Harper , Matthew Yarnell , Fiona Bennett
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Does the Nathans decision raise the bar for directors?
    2011-07-12

    Findings last week of criminal liability in the Nathans Finance case echo the Centro ruling from the Australian Federal Court last month and make it clear that directors must apply their own judgement in the exercise of their duties rather than simply relying on management and expert advice.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Chapman Tripp, Market capitalisation, Interest, Market liquidity, Debt, Legal burden of proof, Prospectus (finance), Securities Act 1933 (USA), Federal Court of Australia
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Lessons from the Crafar receivership - part three: identifying personal property
    2011-06-17

    The Gibson & Stiassny v StockCo & Ors litigation in relation to the Crafar receivership has clarified important aspects of the Personal Property Securities Act 1999 (PPSA).

    The procedures seem obvious in the abstract but, as the case demonstrates, can be less obvious on the ground:

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Shareholder, Security (finance), Personal property, Securities Act 1933 (USA)
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Security agreements signed just before liquidation: is the Personal Property Securities Act the answer?
    2011-06-29

    It is not uncommon for a receiver, liquidator or competing creditor to be presented with a security agreement, the ink on which appears scarcely to be dry.

    If that secured creditor registered on the Personal Property Securities Register (PPSR) months or years earlier, does that registration date determine priority between competing security interests?  Or is that unfair to other creditors?

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Credit (finance), Debtor, Collateral (finance), Security (finance), Interest, Personal property, Liquidation, Secured creditor, Liquidator (law), Capital punishment, Securities Act 1933 (USA)
    Authors:
    Janko Marcetic
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Ontario Superior Court of Justice dismisses claim for punitive damages against directors of a former Ontario issuer
    2012-10-22

    In the recent decision of Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 5519, Mr. Justice Perell of the Ontario Superior Court of Justice found, among other things, that punitive damages are not available under Part XXIII.1 of the Ontario Securities Act as such damages are inconsistent with the scheme and purpose of Ontario’s statutory secondary market disclosure liability regime.  In so doing, the court confirmed the fundamental importance of liability limits in continuous disclosure claims against directors and officers.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Public company, Punitive damages, Securities Act 1933 (USA), Ontario Superior Court of Justice
    Authors:
    Wendy Berman , Jonathan Wansbrough
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP

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