Essential PPSA update: recent cases.
- Publication Type:
- Journal Article
- Citation:
- Australian Banking and Finance Law Bulletin, 2016, 32 (8), pp. 166 - 170
- Issue Date:
- 2016-09-01
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The past 12 months has seen a number of important cases on the Personal Property Securities Act 2009 (Cth) (PPSA) handed down. These cases have covered diverse issues including the composition security agreements, the effect of retention of title clauses, concepts of ordinary course of business and leasing and fixtures and the PPSA. There have also been a number of cases that have considered the vesting of PPSA security interests in the grantor, both where no registration on the Personal Property Securities Register (PPSR) has occurred prior to the insolvency of the grantor or where there has been late registration of the security interest before the insolvency of the grantor. This article reviews several of these important decisions that will be of interest to finance and legal professionals.
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