More Law, Less Justice? The Constitutional Right to Bear a PPS Interest
The Personal Property Securities Act world was almost turned on its head by Justice Brereton’s decision In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 but not for the reason you might think.
The 3 Rs - Religion, Redundancy, Respect
Is there such a thing as divine intervention? A decision by the Supreme Court of New South Wales in South Head & District Synagogue (Sydney) (Administrators Appointed) (South Head) provides an interesting insight into the approach taken by courts when faced with the task of interpreting contracts founded on religious law.
When is a judgment not worth the paper its written on?
There is a general principle adopted by the Courts and judiciary that there should be finality in any litigation, this means that there comes a point when the Courts will not allow parties to re-ventilate the issues. It normally follows a contested final hearing or any appeal of that decision.
PPSR perfection – how to score ten out of ten
If used correctly, the PPSR can provide a platform for security interests to be registered and made public to anyone who wishes to search against a grantor or registration number. However if we fall victim to a PPSR faux pa, we face the ultimate risk - having an invalid registration.