PPSA - what difference does it make? (Part 2)
|Services:||Banking & Finance|
|Industry Focus:||Financial Services|
|Date:||30 January 2018|
|Author:||Scott Guthrie, Partner|
The January 2018 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ‘PPSA - what difference does it make? (Part 2)'.
This article is the second 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. You can read Part 1 of the series here.
In this article Scott explores the case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (recs and mgrs apptd), which was considered by the Supreme Court of Western Australia last year.
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Author: Scott Guthrie, Partner