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ARTICLE · 20 AUGUST 2012

Personal Property Securities Act - "The need to be hasty"

The case highlights the benefits of promptly registering a security interest, so it will be visible to an administrator.

AustraliaFinance and Banking

Background

A recent Federal Court of Australia decision in the administration of the Hastie Group Limited (Hastie Group)1 illustrates a number of important points for administrators, secured parties and purchasers under the new regime established under the Personal Property Securities Act 2009 (Cth) (PPSA). If you would like to discuss the implications of this case with any of our PPSA or insolvency litigation experts, please do not hesitate to contact us.

The facts

The administrators were faced with 995 registrations recorded against the Hastie Group on the Personal Property Securities Register (PPSR). They asked the secured parties (which included not only lenders but also equipment lessors and persons that had supplied goods on retention of title terms) for further information to assist them to identify the property that was subject to the security interest being claimed. This step was taken by the administrators since (as the Judge specifically

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