PPSA - what difference does it make?
|Services:||Banking & Finance|
|Industry Focus:||Financial Services|
|Date:||09 November 2017|
|Author:||Scott Guthrie, Partner|
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ‘PPSA - what difference does it make?'
This article is the first in a two-part series in which Scott explores the extent to which the old laws concerning the taking and registration of security in personal property have been impacted by the Personal Property Securities Act 2009 (Cth) (PPSA). Scott notes that the way in which the PPSA rules are to be applied, and the degree to which they represent a departure from previous law, are matters for interpretation by the courts.
In this article Scott considers two cases considered by the Federal Court of Australia this year – Kaizen Global Investments Ltd v Australia New Agribusiness & Chemical Group Ltd (in liq) and Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (in liq) (recs and mgrs apptd).
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Author: Scott Guthrie, Partner