PPS CASES START TO FLOW
This update highlights recent and upcoming developments relating
to the Personal Properties Securities Act 2009 (Cth)
("PPSA"). We also examine some of the
key issues dealt with by recent case law relating to the PPSA
including the common questions and circumstances which are arising
from a lack of familiarity with the PPSA or as a consequence of the
operation of the PPSA.
Some of the case law is well known (and to that extent, we
merely highlight the outcome of the relevant case), however, the
most recent judgment of the NSW Supreme Court (In the matter of
Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair
Alexander Pleash as receivers and managers of Maiden Civil
(P&E) Pty Ltd & Ors v Queensland Excavation Services Pty
Ltd & Ors) ("Maiden Civil
Case") provides useful insight into the operation of
the PPSA and particularly the most confronting aspect of it, being
that ownership/title to an asset will not in all circumstances
protect
