McDermott and McDermott and Ors

In *McDermott and McDermott and Ors*, Foster J of the Supreme Court of New South Wales was required to determine the rightful possession of a Japanese motor vehicle. The dispute concerned whether the vehicle, registered under a specific number and identified by its VIN, should be delivered to the liquidator of a company or remain with other parties.

The central legal issue before the Court was the determination of ownership and the consequent right to possession of the motor vehicle in the context of a company liquidation. Specifically, the Court had to ascertain whether the liquidator had a superior claim to the vehicle over any other party asserting an interest in it.

Foster J ordered that the Japanese motor vehicle be repossessed and delivered up to the liquidator of the company or their nominated agents. This outcome indicates that the Court found the liquidator's claim to the vehicle to be valid and paramount in the circumstances of the liquidation.