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.
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.
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.
At first blush, it would appear obvious that a business-owner’s association with a bikie gang would need to be disclosed to an insurer given the reputation of gangs and the increased risk of harm to the business. But is this the case where the business is that of a gentleman’s club?