Pogana Pty Ltd and Registrar of Personal Property Securities

This matter concerned an application by Pogana Pty Ltd (the Applicant) against a decision by the Registrar of Personal Property Securities (the Respondent) to remove a registration from the Personal Property Securities Register (PPSR). The dispute arose from a loan agreement between the Applicant and Pro Pump Concrete Pumping NSW Pty Ltd (the Grantor), secured by a concrete pump. The Applicant had registered its security interest in the concrete pump on the PPSR. Subsequently, the concrete pump was sold to a third party (the Other Party), who then demanded the removal of the Applicant's registration.

The primary legal issue before the court was whether the Respondent had reasonable grounds to suspect that the amendment demand to remove the registration was not authorised, as contemplated by section 181(1) of the Personal Property Securities Act 2009 (Cth). This required the court to consider whether the Applicant had provided sufficient evidence to demonstrate that its security interest remained valid and that the debt or obligation secured was still owing, thereby justifying the continued registration. The court also had to assess the reliability of the evidence presented by the Applicant, particularly the testimony of Mr. Khamsi, the Applicant's representative.

The court found that the evidence presented by Mr. Khamsi was unreliable, being combative, defensive, and inconsistent with contemporaneous evidence and the testimony of the Other Party. Crucially, the Applicant failed to provide adequate evidence to support its claim that money was still owed, despite repeated requests from the Respondent. The Applicant's unsubstantiated assertion that the debt remained outstanding was insufficient to create a reasonable suspicion that the removal of the registration was unauthorised. Consequently, the Respondent was bound to act on the Other Party's amendment demand.

The Respondent's decision to remove the registration from the PPSR on 18 January 2021 was affirmed.