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ARTICLE · 25 JUNE 2015

Court finds unregistered security interest enforceable

Corrs Chambers Westgarth
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Without the PPSA transitional provisions, Central would not have been able to enforce its retention of title clauses.

AustraliaCorporate/Commercial Law
David Abernethy
David Abernethy
Jason Salman
Jason Salman
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The recent Victorian Court of Appeal decision in Central Cleaning Supplies (Aust) Pty Ltd v Elkerton (in His Capacity as Joint and Several Liquidator of Swan Services Pty Ltd (in Liq)) [2015] VSCA 92 considered the application of the transitional provisions of the Personal Property Securities Act 2009 (Cth) (PPSA) to retention of title clauses where the goods were supplied after the commencement of the PPSA.

FACTS

Between 2009 and 2013, Central Cleaning Supplies (Aust) Pty Ltd (Central) supplied cleaning equipment to Swan Services Pty Ltd (Swan). Swan subsequently went into liquidation in 2013, at which time invoices for supply of equipment since November 2012 remained unpaid.

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