Re 4 in 1 Wyoming Pty Ltd

[2017] NSWSC 407

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	In the matters of 4 in 1 Wyoming Pty Ltd & the companies listed in Schedule A to the Originating Process [2017] NSWSC 407
Hearing dates:	21 March 2017
Decision date:	13 April 2017
Before:	Gleeson JA
Decision:	(1) Pursuant to s 588FM of the Corporations Act 2001 (Cth) (Corporations Act), 2 November 2016 is fixed as the time for the plaintiff to register on the Personal Property Securities Register (PPSR) each PPSR registration referred to in Schedule 1 to this judgment for the purposes of s 588FL(2)(b)(iv) of the Corporations Act; (2) Pursuant to s 588FM of the Corporations Act, 11 November 2016 is fixed as the time for the plaintiff to register PPSR registration numbers: (a)   2016110100344207; (b)   201611010036493; (c)   201611010035707; and (d)   201611010033068, on the PPSR for the purposes of s 588FL(2)(b)(iv) of the Corporations Act; (3) Pursuant to s 293(1) of the Personal Property Securities Act 2009 (Cth) (PPSA), the number of business days set out in s 62(3)(b) be extended by the appropriate number of business days relevant such that: (a) any registration on the PPSR made by the plaintiff on or prior to 2 November 2016 as contained in Schedule 2 to this judgment falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order; (b) PPSR Registration No: 201611010036493 and 201611010035707 made by the plaintiff on 11 November 2016 falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order; and (c) PPSR Registration No: 201611010026726 made by the plaintiff on 19 January 2017 falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order; (4) If, within 6 months of 2 November 2016 any winding up of any of the first defendants occurs, or an administrator is appointed to any of the first defendants under ss 436A, 436B or 436C of the Corporations Act, or any of the first defendants execute a deed of company arrangement, liberty is reserved to any liquidator, administrator or deed administrator of any of the first defendants to apply to discharge or vary orders 1 and 2. (5) If, within 6 months of 11 November 2016 any winding up of Drinx Pty Ltd or Stuart Dickson Produce Pty Ltd occurs, or an administrator is appointed to any of those first defendants under ss 436A, 436B or 436C of the Corporations Act, or any of those first defendants execute a deed of company arrangement, liberty is reserved to any liquidator, administrator or deed administrator of any of those first defendants to apply to discharge or vary orders 1 and 2. (6)   Any person or entity who has a perfected security interest over collateral the subject of any of the registrations set out in Schedules 1 or 2 to this judgment, other than any of the second defendants or third defendants to these proceedings, has liberty to apply to set aside, amend or vary any of orders 1, 2 or 3 of these orders on three days’ written notice to the plaintiff. (7)   The plaintiff has liberty to apply on three days’ notice. (8)   These orders be entered forthwith.
Catchwords:	CORPORATIONS – charges, debentures and other borrowings – security interests – registration – extension of time – where all relevant defendants joined to proceedings – whether extension of time to obtain effective and accurate registration of security interests offends against discretionary considerations required by relevant legislation.
Legislation Cited:	Corporations Act 2001 (Cth), ss 266, 436, 568, 588FL, 588FM Personal Property Securities Act 2009 (Cth), ss 10, 12, 13, 21, 21(3), 21(4), 55, 62, 153, 164, 293, 306, 307, 337A Personal Property Securities Regulations 2010 (Cth), Schedule 1, cll 1.2, 1.3, 1.5
Cases Cited:	Bevillesta Pty Ltd v Imagine Un Ltd [2009] VSC 50; (2009) 69 ACSR 574 Re Accolade Wines Australia Ltd & Other Companies [2016] NSWSC 1023 Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd (2014) 101 ACSR 629; [2014] NSWSC 782 Re Black Opal IP Pty Limited [2013] NSWSC 1225 Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 Re Carpenter International Pty Ltd [2016] VSC 118 Re Flinders Trading Co Pty Ltd [1978] 20 SASR 14 at [49]; (1978) 3 ACLR 218 Re Quality Blended Liquor Pty Ltd (2014) 102 ACSR 451; [2014] QSC 234 Re Transurban CCT Pty Ltd (in its own capacity and as trustee of the Transurban CCT Trust) [2014] NSWSC 1909
Category:	Principal judgment
Parties:	Northern Managed Finance Pty Limited (Plaintiff) 4 in 1 Wyoming Pty Limited (ACN 145 601 618) and other named First Defendants in Schedule A to the Originating Process (First Defendant) ACN 603 303 126 Pty Ltd and other named Second Defendants in Schedule B to the Originating Process (Second Defendant) Architectural Glass and Cladding Pty Ltd and other named Third Defendants in Schedule C to the Originating Process (Third Defendant)
Representation:	Counsel: Mr N Mirzai (Plaintiff)   Solicitors: Colin Biggers & Paisley (Plaintiff)
File Number(s):	2017/47140

Judgment

1. GLEESON JA: The plaintiff, Northern Managed Finance Pty Ltd, who as its name implies is a finance company, makes application under s 588FM of the Corporations Act2001 (Cth) for orders extending the time for the plaintiff to register security interests granted to it in respect of certain collateral on the Personal Property Securities Register (the PPS Register) established under the Personal Property Securities Act 2009 (Cth) (PPSA). In addition, the plaintiff makes application under s 293 of the PPSA for orders extending the time for certain registrations on the PPS Register to have the benefit of “purchase money security interest” (PMSI) priority as set out in s 62 of the PPSA.

Background

2. The plaintiff’s business includes providing equipment finance to its customers over a range of goods, including office equipment (such as computers, photocopiers, printers, software and general office furniture) and motor vehicles. It does so either by way of a rental agreement or a print plan management agreement, both of which, it is contended, are likely to give rise to a “security interest” for the purposes of the PPSA. So much can be accepted for the purposes of this application.

3. A “security interest” as defined in the PPSA includes the interest of the lessor or bailor under a PPS lease (s 12(3)(c)). A PPS lease is defined in s 13(1) as meaning a lease or bailment of goods, relevantly, for a term of more than one year (s 13(1)(a)). There are some qualifications to the concept of a PPS lease in s 13(2), but it is not necessary to refer to these for present purposes. The plaintiff retains ownership of the relevant goods or equipment and the customer is only a bailee of the goods or equipment under the rental agreements (standard cl 8.1) and the print plan management agreements (standard cl 13.1). The plaintiff leases goods and equipment to customers under those agreements, for terms in excess of one year. Such leases are PPS leases and the interests of the plaintiff in the subject matter of those leases is a “security interest”, such subject matter being the “collateral”: PPSA ss 10 and 12(3)(c).

4. Ms Eggermont, the plaintiff’s operations manager, gave affidavit evidence of the nature of the plaintiff’s contractual arrangements with its customers and its general practice in lodging financing statements on the PPS Register. She explained the circumstances in which the plaintiff had lodged financing statements (following the introduction of the PPSA) up to September 2016 and that a review of those registrations in October and November 2016 had revealed deficiencies of the type referred to below in respect of a large number of those registrations. According to the initial registration schedule which was in evidence (Ex 1, pp 29-33), those security interests were granted between March 2015 and September 2016.

5. In the case of both rental agreements and print plan management agreements, Ms Eggermont said that it is generally the practice of the plaintiff to lodge a financing statement on the PPS Register contemporaneously with, or as close as possible to, entering into rental agreements and print plan management agreements and granting the customer possession of the goods or the equipment, as the case may be.

6. Since early 2012 the plaintiff has lodged registrations on the PPS Register following a guide which it developed from a presentation it received from a third party Register portal, operated by a credit reference agency known as “Veda”. Following this presentation, an employee of the plaintiff prepared a “process flow” document which formed the basis of the plaintiff’s policy for registration of financing statements on the PPS Register. Among other things, the process flow document contained two significant defects.

7. First, it instructed the plaintiff’s staff to answer the question whether a security agreement was transitional as “yes” and therefore transitional. Second, with respect to “Specific key registration details” where two boxes could be ticked, it did not provide for the box “PMSI applies” referring to a purchase money security interest to be ticked, rather it provided for “Proceeds to be claimed” to be ticked and for the description “All present and after acquired property” to be typed into the collateral field. The employees of the plaintiff responsible for entering the registrations on the PPS Register were not aware of the legal effect of the data inputted on each financing statement lodged with the PPS Register.

8. Ms Eggermont said that as a consequence of following this guide:

1. on each occasion that the plaintiff would take a security interest it would indicate in its financing statement lodged with the PPS Register that the security interest was “transitional”, irrespective of whether it was in fact transitional or otherwise; and

2. some of the financing statements lodged on the PPS Register did not note the plaintiff’s security interest was a PMSI when it might be characterised as such.

9. Counsel for the plaintiff accepted that two primary consequences flowed from the plaintiff’s registrations in the PPS Register.

10. First, the effect of indicating a security interest is “transitional” when it is in fact non-transitional may render each affected registration entirely ineffective, Reference was made to PPSA, s 337A which provides that without limiting s 164 (concerning defects in registration), a registration that discloses that collateral is covered by a transitional security agreement is ineffective to the extent that it describes collateral that is not covered by a transitional security agreement. The term “transitional security agreement” is defined in PPSA, s 307 and refers to security agreements created and in force prior to the registration commencement time for the PPSA, which continue to have effect after that time. The “registration commencement time” is 30 January 2012: s 306.

11. Second, the effect of indicating that a security interest is not a PMSI, when in fact it is, can result in an alteration of the priority position that might otherwise be enjoyed by the holder of a PMSI under s 62. Reference was made to PPSA, ss 55(4) and 62.

12. PPSA, s 62(1) provides that a perfected PMSI takes priority over other perfected security interests granted by the same grantor in the same collateral that is not a PMSI. PPSA, s 62(3) provides that a PMSI arises when the interest is held over original collateral, other than as inventory, and the interest is perfected by registration (s 62((3)(a)). The financing statement must indicate that the interest is a PMSI (s 62(3)(c)). The perfection must occur before the end of 15 business days after the grantor relevantly for goods obtaining possession by the property by registration: (s 62(3)(b)).

13. By contrast, PPSA, s 55 sets out the default priority rules between security interests in collateral under the PPSA when the PPSA provides no other way of determining that priority. Section 55(4) provides that priority between 2 or more security interests in collateral that are currently perfected is to be determined by the order in which the “priority time” for each security interest occurs. Subsection (5) provides that the “priority time” for a security interest in collateral is, subject to subsection (6), the earliest of the following times to occur in relation to the security interest:

(a)   the registration time for the collateral;

(b)   the time the secured party, or another person on behalf of the secured party, first perfects the security interest by taking possession or control of the collateral;

(c)   the time the security interest is temporarily perfected, or otherwise perfected, by force of this Act.

14. Subsection (6) provides that a time is a priority time for a security interest only if, once the security interest is perfected at or after that time, the security interest remains continuously perfected.

15. As indicated, in October and November 2016, the plaintiff reviewed its registrations under the PPSA. This revealed that a large number of existing registrations (between March 2015 and September 2016) were not consistent with the underlying security interest taken by the plaintiff. The trigger for that review was correspondence received by the plaintiff from solicitors for voluntary administrators appointed to one of its customers in about mid-September 2016, asserting that the registration of the plaintiff’s security interest as “transitional” rendered the registration ineffective in circumstances where the relevant security agreement was not a transitional security agreement. Ms Eggermont gave evidence that prior to receiving this correspondence neither she nor anyone else employed by the plaintiff (to the best of her knowledge) was aware that noting a security interest as “transitional” on the PPS Register when the relevant agreement was not a transitional security agreement might result in the relevant registration being considered ineffective: see PPSA, s 337A.

16. In addition, the review of existing registrations also indicated that:

1. some of the financing statements lodged on the PPS Register contained potential defects, in that while they were lodged against the Australian Company Number (ACN) of each relevant corporate entity or the Australian Business Number (ABN) of each individual who was a trustee, they were not registered against the ABN of the trust of which the grantor was a trustee (as required by Personal Property Securities Regulations 2010 (the PPS Regulations), Schedule 1, cl 1.5).

2. the plaintiff’s registrations utilised its ABN rather than its ACN (as required by PPS Regulations Schedule1, cl 1.3).

17. On 1 and 2 November 2016, the plaintiff filed new financing statements on the PPS Register in respect of the existing security interests taken by the plaintiff against 260 grantors. Of these the plaintiff had existing registrations on the PPS Register for 255 grantors being the first defendants listed in schedule A to the originating process filed on 15 February 2017. There were a further five grantors identified in the review as not having an existing registration on the PPS Register. Those registrations are not the subject of the present application.

18. By the new registrations the plaintiff’s security interest was not shown as transitional; and the plaintiff registered financing statements in relation to the relevant collateral as both a PMSI and a non-PMSI. (Given the potential for a PMSI registration to be completely ineffective in respect of non-PMSI property, the plaintiff has taken the view that it ought to affect both registrations). Where the grantor is also a trustee of a trust, the new financing statement was registered over the ABN of the trust (where the trust has an ABN), in addition to the identifier of the trustee (being its ACN, for a corporation, or ABN for an individual).

19. Following the lodging of the new financing statements, the plaintiff identified some defects in the November 2016 registrations and lodged further financing statements on the PPS Register as follows:

1. in respect of two grantors that had entered into rental agreements with the plaintiff in their own right and in their capacity as trustee, the new financing statements lodged in November 2016 did not include the ABN of the trust (as required by PPS Regulations, Sch 4, cl 1.5). The relevant Grantors were (a) Drinx Pty Ltd in its own capacity and as trustee of the Drinx Trust and (b) Stuart Dickson Produce Pty Ltd in its own capacity and as trustee of the Burgess Family Trust. On 11 November 2016, the plaintiff lodged two further registrations against the ABN of the relevant trust in addition to the existing two registrations against the ACN of the corporate trustee for those two grantors.

2. two of the new registrations lodged on 1 or 2 November 2016 contained a further error in describing the individual grantor, Felice Anthony Vitiello, by the wrong date of birth. (The grantor’s date of birth, where the grantor is an individual, is required by PPS Regulations Sch 1, cl 1.2). New registrations amending and correcting that error were lodged on 19 January 2017. There are no other registered parties on the PPS Register would might be prejudiced by that amendment.

Joinder of affected parties

20. Consistently with remarks in earlier cases that applications under s 588FM ought generally not be brought ex parte, the plaintiff joined the grantors and other secured creditors of the grantors as defendants to the proceedings: Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd 9(2014) 101 ACSR 629; [2014] NSWSC 782 at [34] (Brereton J); Re Transurban CCT Pty Ltd (in its own capacity and as trustee of the Transurban CCT Trust) [2014] NSWSC 1909 at [16]-[17] (Brereton J).

21. The first defendants are the 255 grantors in respect of which the plaintiff seeks relief under s 588FM of the Corporations Act (the Grantors).

22. The second defendants are the 76 secured creditors of the various Grantors, who have registered in the PPS Register an earlier security interest to the plaintiff describing the class of collateral as “all present and after-acquired property” of the relevant Grantors (Earlier AllPAP holders).

23. The third defendants are the 16 secured creditors of various Grantors, who have registered in the PPS Register a later security interest to the plaintiff’s registrations describing the class of collateral as “all present and after acquired property” of the relevant Grantors (Later AllPAP holders). Some of the second named defendants are also Later AllPAP holders. In such cases, they have been joined as a second defendant only.

24. The term “all present and after-acquired property” or its common abbreviation, “AllPAP”, is not contained within the PPSA itself but is defined in the PPS Regulations. PPSA, s 153 provides that a financing statement with respect to a security interest consists of data that complies with the table to that provision. Item 4(c) in the table to PPSA s 153 provides that the relevant collateral must be described within one of the classes of collateral prescribed by the PPS Regulations. The prescribed classes of collateral include “all present and after acquired property”: PPS Regulations, Schedule 1, cl 2.3(1). That expression is defined in the PPS Regulations, Schedule 1, cl 1.6 as follows:

All present and after-acquired property means:

(a) personal property over which the grantor has an interest at the registration time for the financing statement for a security interest or prescribed property; and

(b) personal property acquired after the registration time for the financing statement for the security interest or prescribed property.

25. On 14 February 2017 the court made orders permitting the plaintiff to serve the defendants to the originating process via email. All defendants were served by email on or before 5 PM on 17 February 2017 in accordance with those orders, however some of the email addresses resulted in a bounce-back which was not discovered until later. To address some of the technological difficulties and email bounce-backs on 24 February 2017, further orders were sought and obtained allowing the plaintiff to affect service on particular defendants by means of post. The evidence establishes that the relevant defendants were served by post in accordance with the orders of the court.

25. A notice of appearance was filed by three of the second named defendants, Westpac Banking Corporation, St George Finance Ltd and Capital Finance Australia Ltd. Those defendants submitted to the making of all orders sought by the plaintiff, save as to costs. All but one of the AllPAP security interests held by Westpac, St George and Capital Finance Australia fall into the category of an Earlier AllPAP security interest. The one exception is Westpac in respect of one Grantor (The Tearoom Pty Ltd in its own capacity and as trustee for the Grand Pacific Group Unit Trust) for two registrations of a Later AllPAP security interest.

26. A submitting appearance, save as to costs, was also filed by another second named defendant, Moffat Pty Ltd.

Section 588FM application

28. Section 588FL deals with the vesting of PPSA security interests in the grantor if collateral is not registered within the latest of certain specified times. It has been said that s 588FL deals with late registration as distinct from failure to register: Re Cardinia Nominees Pty Ltd [2013] NSWSC 32 at [11]. The court’s extension power under s 588FM is given in relation to the registration time for collateral referred to in s 588FL(2)(b).

29. Corporations Act, s 588FL, relevantly provides as follows:

Vesting of PPSA security interests if collateral not registered within time

588FL(1) This section applies if:

(a) any of the following events occurs:

(i) an order is made, or a resolution is passed, for the winding up of a company;

(ii) an administrator of a company is appointed under section 436A, 436B or 436C;

(iii) a company executes a deed of company arrangement under Part 5.3A; and

(b) a PPSA security interest granted by the company in collateral is covered by subsection (2).

Note: A security interest granted by a company in relation to which paragraph (a) applies that is unperfected at the critical time may vest in the company under section 267 or 267A of the Personal Property Securities Act 2009.

(2) This subsection covers a PPSA security interest if:

(a) at the critical time, or, if the security interest arises after the critical time, when the security interest arises:

(i) the security interest is enforceable against third parties under the law of Australia; and

(ii) the security interest is perfected by registration, and by no other means; and

(b) the registration time for the collateral is after the latest of the following times:

(i) 6 months before the critical time;

(ii) the time that is the end of 20 business days after the security agreement that gave rise to the security interest came into force, or the time that is the critical time, whichever time is earlier;

(iii) if the security agreement giving rise to the security interest came into force under the law of a foreign jurisdiction, but the security interest first became enforceable against third parties under the law of Australia after the time that is 6 months before the critical time--the time that is the end of 56 days after the security interest became so enforceable, or the time that is the critical time, whichever time is earlier;

(iv) a later time ordered by the Court under section 588FM.

Note 1: For the meaning of critical time, see subsection (7).

Note 2: For when a security interest is enforceable against third parties under the law of Australia, see section 20 of the Personal Property Securities Act 2009.

Note 3: A security interest may become perfected at a particular time by a registration that is made earlier than that time, if the security interest attaches to the collateral at the later time (after registration). See section 21 of the Personal Property Securities Act 2009.

Note 4: The Personal Property Securities Act 2009 provides for perfection by registration, possession or control, or by force of that Act (see section 21 of that Act).

...

Vesting of security interest in company

(4) The PPSA security interest vests in the company at the following time, unless the security interest is unaffected by this section because of section 588FN:

(a) if the security interest first becomes enforceable against third parties at or before the critical time--immediately before the event mentioned in paragraph (1)(a);

(b) if the security interest first becomes enforceable against third parties after the critical time--at the time it first becomes so enforceable.

Note: For the meaning of critical time, see subsection (7).

...

(7) In this section:

"critical time", in relation to a company, means:

(a) if the company is being wound up--when, on a day, the event occurs by virtue of which the winding up is taken to have begun or commenced on that day under section 513A or 513B; or

(b) in any other case--when, on a day, the event occurs by virtue of which the day is the section 513C day for the company.

30. The effect of s 588FL(2) is that when a company is being wound up, an administrator is appointed, or a deed of company arrangement executed, any PPSA security interest which was perfected, registered, or enforceable against a third party after the latest of six months before the “critical time” or 20 days after the security agreement came into force or such later time as the Court may fix under s 588FM, vests in the company, for the benefit of creditors generally, and the secured creditor loses the benefit of the security: Cardinia Nominees at [11]; Re Black Opal IP Pty Limited [2013] NSWSC 1225 at [6]; Appleyard at [8].

31. Section 588FM provides for fixing a later time under s 588FL as follows:

Extension of time for registration

588FM (1) A company, or any person interested, may apply to the Court (within the meaning of section 58AA) for an order fixing a later time for the purposes of subparagraph 588FL(2)(b)(iv).

Note: If an insolvency-related event occurs in relation to a company, paragraph 588FL(2)(b) fixes a time by which a PPSA security interest granted by the company must be registered under the Personal Property Securities Act 2009 , failing which the security interest may vest in the company.

(2) On an application under this section, the Court may make the order sought if it is satisfied that:

(a) the failure to register the collateral earlier:

(i) was accidental or due to inadvertence or some other sufficient cause; or

(ii) is not of such a nature as to prejudice the position of creditors or shareholders; or

(b) on other grounds, it is just and equitable to grant relief.

(3) The Court may make the order sought on any terms and conditions that seem just and expedient to the Court.

32. The effect of s 588FM is to confer on the Court a discretion to fix a later time for the purposes of s 588FL(2)(b)(iv) if satisfied of any one of three grounds - that the failure to register the collateral earlier was accidental, or was not of such a nature to prejudice the position of creditors or shareholders, or that on other grounds it is just and equitable to do so. In addition, the Court may make the order on terms and conditions: Appleyard at [9]. Such conditions may address the risk that an order under s 588FM can operate to the detriment of unsecured creditors, if the company is placed in liquidation or administration within six months of the security interest being perfected and, but for the extension of time, the security interest would have vested in the grantor under s 588FL.

33. The plaintiff seeks the following orders under s 588FM(1):

• First, an order fixing 2 November 2016 as the time for the plaintiff to register on the PPS Register each registration (on either 1 or 2 November 2016) referred to in Schedule E to the originating process, for the purposes of s 588FL (2)(b)(iv).

• Second, an order fixing 11 November 2016 as the time for the plaintiff to register on the PPS Register each of the four further registrations on 11 November 2016 referred to at [19(1)] above, for the purposes of s 588FL(2)(b)(iv).

34. The plaintiff primarily relies upon the “inadvertence” ground in subs (2)(a)(i) of s 588FM. The plaintiff also relies on the no prejudice ground in subs 2(a)(ii) and the just and equitable ground in subs 2(b).

Accidental or due to inadvertence or some other sufficient cause

35. The meaning of the expression “inadvertence” for the purposes of s 588FM of the Corporations Act is well established. It is sufficient to refer to the following authorities. In Appleyard, Brereton J said at [10]:

… “inadvertence” includes failure to advert to or understand the requirement for registration within the specified period, and innocent error in the sense of failure to register through ignorance of the legal requirement to do so, or of the consequences of not doing so.

36. In Cardinia Nominees, Black J said at [15] that inadvertence goes beyond ignorance of the requirement to register entirely and “may also be established where a party operates under a mistake as to the consequences of failing to register a security interest”. His Honour continued at [15]:

The approach adopted in the case law of treating a matter of that kind as amounting to inadvertence is consistent with the emphasis placed in the case law upon the benevolent operation of predecessor sections, at least where an error of a secured creditor in not attending to registration of its security within time is innocent and does not result from any disregard of its statutory obligations.

37. Brereton J returned to the issue of inadvertence in Re Accolade Wines Australia Ltd [2016] NSWSC 1023 at [14] where his Honour said:

For the purpose of s 588FM(2)(a)(i), 'inadvertence' includes failure to advert to or understand the requirement for registration within the specified period, and innocent error in the sense of failure to register through ignorance of the legal requirement to do so, or of the consequences of not doing so. Inadvertence will readily be found where an error of a secured creditor in not attending to registration of its security within time is innocent and does not result from any disregard of its statutory obligations. In Transurban CCT, the secured party became aware that the financing statements initially lodged contained potential defects, in that while they were properly registered against the ACN of each relevant corporate entity (as required), they were not registered against the ABN of the trust of which one of the defendants was a trustee (as required by PPS Regulations Schedule 1, cl 1.5). When this potential defect was discovered (more than 20 business days after the security interest was created), the secured party lodged a further financing statement referring to the ABN of the trust, and applied for an extension of time pursuant to CORPA, s 588FM. In granting that application, the Court held:

'For the purposes of s 588FM(2)(a)(i), "inadvertence" has been interpreted to include failure to advert to or understand the requirement for registration within the specified period, an innocent error in the sense of failure to register through ignorance of the legal requirement to do so, or of the consequences of not doing so [Appleyard Capital, [10], and the cases there cited]. In this case, it is apparent that a bona fide attempt to register the security interests was made on 4 July 2014 and that the potential deficiencies - which, as I have said, are not clearly deficiencies - came to notice of the plaintiff's solicitors on about 13 August 2014 when the consultant who had carriage of the matter learnt of his firm's preferred practices in respect of such registrations.'

38. In the present case, the plaintiff was aware of the requirement for registration under the PPSA within the specified period of the security interest taken by it, and lodged the initial financing statements, it seems, within the 20-day period. However, the process flow document prepared for use by the plaintiff’s employees when lodging financing statements contained the defects identified at [7] above; and the plaintiff was unaware of those deficiencies. The plaintiff was also unaware of the legal significance of indicating that a security interest was “transitional” when it was not covered by a transitional security agreement: (PPSA, s 337A), and of failing to indicate that the security interest was a PMSI when it could be properly characterised as such.

39. The financing statements initially lodged by the plaintiff which contained the defects referred to above, were not discovered until more than 20 business days after the security interests were created. The plaintiff then lodged further financing statements on 1, 2 and 11 November 2016 and on 15 February 2017 applied for an extension of time under s 588FM. Here, as in Transurban CCT, a bona fide attempt was made by the plaintiff to register its security interests as they were created by the respective Grantors between March 2015 and September 2016. The defects first came to the notice of the plaintiff in mid-September 2016 in the circumstances referred to at [15] above. The errors of the plaintiff in indicating that its security interests were “transitional”, when they were not, and in failing to indicate that the plaintiff’s security interest was a PMSI when it might be characterised as such, were innocent and did not result from any disregard of its statutory obligations: Appleyard at [14].

40. I am satisfied that the failures of the plaintiff were accidental or due to the inadvertence of those persons employed by the plaintiff with responsibility for lodging financing statements.

41. That conclusion means that it is not necessary to address the “no prejudice” ground or the “just and equitable” ground relied upon by the plaintiff.

Discretionary factors

42. As the Court’s discretion to extend time for registration is enlivened, the next question is whether to make the order sought, and if so, whether to impose any terms and conditions under s 588FM(3).

43. In Appleyard at [13] Brereton J explained the purpose and effect of an order under s 588FM as follows:

If the collateral is registered within 20 days after the security agreement comes into force, the security interest prevails over the interest of unsecured creditors, even if the company goes into liquidation or administration within six months. However, if it is not registered within that period, and the company goes into liquidation or administration within six months after it is registered, then the security interest vests in the company for the benefit of creditors generally - unless a later time is fixed under s 588FM. In other words, the effect of not registering within 20 days is to expose the secured creditor to the loss of its security if the company goes into liquidation within six months of the actual date of registration, when otherwise the security would have been effective even in the event of liquidation or administration within six months. Essentially, the purpose and effect of an order under s 588FM is to avoid the vesting of the security interest in the company if it goes into liquidation or administration within six months after the actual date of registration, and thereby preserve the secured creditor's security, to the necessary detriment of the unsecured creditors for whose benefit the security interest would otherwise vest in the company. The only utility of such an order is in the event that the company does go into liquidation or administration within six months.

44. Thus, an extension order under s 588FM can operate to the detriment of unsecured creditors, if the grantor goes into liquidation or administration within six months of the security interest being perfected, because it avoids the consequence that the security interest would otherwise vest in the grantor for their benefit: Appleyard at [16].

45. In the present case, accepting that registration was not effected within the 20 day period because the initial registrations were defective, if a Grantor goes into liquidation or administration within six months after the date of the new registrations, being either 1 or 2 November 2016 or 11 November 2016 (as the case may be), the plaintiff’s security interest will vest in the relevant Grantor for the benefit of creditors generally, unless the extension order sought is made.

46. The relevant prejudice to other creditors is that which arises from the delay in registration of the security interest rather than from the making of the order: Appleyard at [30], and the length of delay prior to registration of the security interest in the collateral is a relevant factor for the exercise of the Court’s discretion under s 588FM, just as it was under its predecessor provisions, relevantly, s 266 of the Corporations Act: Cardinia Nominees at [18], and the cases there cited.

47. As indicated, the practice of the plaintiff was to lodge a financing statement on the PPS Registrar contemporaneously with, or as close as possible to, entering into the rental agreements and print plan management agreements and giving the customer possession of the relevant goods or equipment. The delay between the date of grant of the security interests (between March 2015 and September 2016) and the lodging of new financing statements in November 2016 has been adequately explained. Up until mid-September 2016, the relevant employees of the plaintiff responsible for lodging registrations on the PPS Register were unaware of the deficiencies in the initial registrations. Steps were taken by the plaintiff to review the initial registrations, with some assistance from Bridges Lawyers, in October and November 2016. That review, it may be accepted, was a time-consuming process having regard to the number of customer contracts and registrations required to be reviewed. The new financing statements were lodged for registration at the beginning of November 2016. With respect to two Grantors, four further financing statements (correcting some deficiencies in the new registrations) were lodged for registration on 11 November 2016. I do not consider the short further delay in registration of those four new financing statements to be material.

48. Insofar as the delay between the date of the new registrations in November 2016 and the making of this application on 15 February 2017 is relevant (cf Appleyard at [30]), that delay has also been adequately explained. The plaintiff instructed new lawyers on 30 November 2016 to take over the conduct of court proceedings from Bridges Lawyers, and taking into account the interruption of the Court vacation, the application was filed early in the new Court term in mid-February 2017.

49. In Cardinia Nominees at [20], Black J described the type of steps that might be taken to protect the interest of unsecured creditors of the grantor as follows:

Steps that might be taken to achieve that result include joining one or more unsecured creditors as representative parties; directing that notification of the application be given to unsecured creditors with a view to their being heard in opposition to it, if they wished to do so; or granting an extension of time reserving a right to the company or any unsecured creditor or any person representing the interests of unsecured creditors to apply at a later time to discharge or vary the order: Re Guardian Securities above at NSWLR 97-98, ACLR 824; Bevillesta Pty Ltd v Imagine Un Ltd above at [28].

50. Black J emphasised at [21] that an order for extension would not generally be made, even where it would merely put the secured creditor in the position it would have been had there been no inadvertence, if there was a danger that claims of unsecured creditors would not be met owing to the insolvency, or likely insolvency, of the company. Reference was made to Re Flinders Trading Co Pty Ltd [1978] 20 SASR 14 at 49; (1978) 3 ACLR 218 at 223.

51. In Appleyard at [25] and [28] Brereton J explained the circumstances in which the Court might impose “a Guardian Securities condition” to protect the interests of the unsecured creditors as follows:

[25] The Australian authorities establish that the interests of the unsecured creditors are a relevant consideration, so that the court must have regard to the financial position of the company as at the time of the application for extension. If the company is shown to be financially secure, then it is unlikely that a "critical day" will arise in the foreseeable future and the grant of relief will not likely affect any person adversely [Hewlett Packard, [29]]; indeed, if solvency is established that is likely to be the end of the matter [Investa Properties Pty Limited v Westpac Property Funds Management Limited [2001] NSWSC 1089, [31]]. But otherwise, where the Court is not satisfied that there is no risk that unsecured creditors could be adversely affected, the unsecured creditors (or their representative) are entitled to be heard against the making of an order, though this may sufficiently be achieved by suspending the operation of the order, or by imposing a term reserving leave to apply to set it aside in the event of a liquidation or administration ("a Guardian Securities condition") [Re Guardian Securities, 97; see also Re Cinema Art Films [1930] NZLR 500, 502-3; Re L H Charles & Co Ltd (1935) WN(Eng) 15; Bevillesta v Imagine, 58].

…

[28] In practice, the strictures of Re Flinders Trading Co have not been applied, and it has been commonplace, even when it appears that the company may be insolvent and liquidation or administration is imminent, to extend time subject to a "Guardian Securities condition" reserving leave to any liquidator or administrator appointed within six months to apply to set the order aside. This course, or one similar to it, was taken in Re a Limited Company (Long Innes J), where solvency was dubious; in Re L H Charles (Clauson J), where liquidation was in contemplation; in Re Cinema Art Films (Myers CJ); in Re Guardian Securities (McLelland J), where there was "no evidence whatsoever as to the solvency or otherwise of the company creating the charge" (at 98); and in Bevillesta (Robson J), where the evidence of solvency was inconclusive. In recent times in this court, such orders have been made in Cardinia Nominees (Black J), where again the evidence of solvency was inconclusive; in In the matter of Apex Gold Pty Ltd [2013] NSWSC 881 (Hammerschlag J), where administration was imminent; and in Black Opal IP (Brereton J), where there was some but less than comprehensive evidence of solvency.

52. Ms Eggermont gave evidence that only one customer was in arrears (as at 31 January 2017) in their payment obligations to the plaintiff. The amount of the arrears was relatively small ($916.99) and the amount was overdue by 29 days. Three of the plaintiff’s customers have entered into external administration – Pumpkin Patch Originals Ltd (Pumpkin Patch) was placed in receivership on 26 October 2016; Beaton Pumping Group Pty Ltd (Beaton) was placed into voluntary administration on 7 November 2106; and Online Performance Autos Pty Ltd (Online Performance) was placed in liquidation on 14 November 2016. The plaintiff does not seek an extension order under s 588FM in relation to Pumpkin Patch.

53. The evidence establishes that the administrators of Beaton Pumping continued to pay ongoing rental payments pursuant to the relevant rental agreement with the plaintiff, at least up until November 2016, and the relevant goods remain in the possession of Beaton Pumping.

54. The liquidator of Online Performance has informed the plaintiff that he does not intend to exercise any right in respect of the property subject to the relevant agreement and has given a notice of disclaimer of onerous property under s 568 of the Corporations Act.

55. It is well established that the power to make an order under s 588FM is available where a company is in liquidation or administration: Re Quality Blended Liquor Pty Ltd [2014] QSC 234; (2014) 102 ACSR 451 at [83]; Re Carpenter International Pty Ltd [2016] VSC 118 at [127].

56. Neither the administrators of Beaton Pumping nor the liquidator of Online Performance have appeared in the proceedings or indicated any objection to the relief sought by the plaintiff with respect to the security interests granted by those companies.

57. Other than the limited material referred to above, the plaintiff has not sought to demonstrate by evidence, the financial position of each Grantor or their ability to pay their debts as and when they fell due. This is unsurprising given the large number of the plaintiff’s customers to which this application relates. Recognising the absence of such evidence, counsel for the plaintiff submitted that it would be appropriate in the present case to impose a condition of relief similar to that in Bevillesta Pty Ltd v Imagine UN Ltd [2009] VSC 50; (2009) 69 ACSR 574. There the Court granted an extension on terms that reserved liberty to the company, any liquidator, administrator, deed administrator or creditor of the company to apply to discharge or vary the order if any winding up of the company commenced or an administrator of the company was appointed under ss 436A, 436B or 436C, or the company executed a deed of company arrangement within six months of the date on which the new financing statements were lodged in the PPS Register in November 2016.

58. Given the state of the evidence, an order under s 588FM should be made, but only on a basis that reserves the ability of a liquidator, administrator, deed administrator or other unsecured creditor to apply to discharge it within a six-month period from the date of registration of the security interest in the collateral. As indicated, the plaintiff accepted that the extension order sought should be made subject to such a condition.

Section 293 application

59. Section 293(1)(a) of the PPSA relevantly provides that on application, a court may make an order extending the number of business days in a period specified in par 62(3)(b) for the perfection of a purchase money security interest, if satisfied that it is just and equitable to do so. Such an order may be made even if the period has ended: s 293(2).

60. The reference in PPSA, s 293(1)(a) to the number of business days in a period specified in par 62(3)(b) is a reference to the perfection of a PMSI by registration before the end of 15 business days after, relevantly, for goods - the day the grantor, or another person at the request of the grantor, obtains possession of the goods, or for any other property - the day the interest attaches to the property (as the case may be).

61. The plaintiff seeks an order pursuant to PPSA, s 293(1)(a), extending the number of business days specified in PPSA, s 62(3)(b) for perfection of its PMSIs by registration against each of the Grantors, for the purposes of s 62(3).

62. In making an order under s 293(1) to extend the 15 business days specified in s 62(3)(b), s 293(3) requires that the Court must take into account the following:

…

(a) whether the need to extend the period arises as a result of an accident, inadvertence or some other sufficient cause;

(b) whether extending the period would prejudice the position of any other secured parties or other creditors;

(c) whether any person has acted, or not acted, in reliance on the period having ended.

Inadvertence

63. For the reasons already given in respect of s 588FM, I am satisfied that the need to extend the 15 business days specified s 62(3)(b) arises as a result of inadvertence by the plaintiff as referred to in s 293(3)(a). The employees of the plaintiff responsible for lodging financing statements on the PPS Register did not understand the legal significance under s 62 of failing to indicate that the interest is a PMSI when it is capable of being characterised as such.

Prejudice

64. In Accolade Wines, after noting the absence of direct authority, Brereton J expressed the view at [27] that the prejudice referred to in s 293(3)(b) is prejudice “from extending the period” under s 62(3)(b). His Honour continued at [27]:

This directs attention not to the impact on other secured parties or creditors of the delay in registration, but to the impact of making an order extending the period; to evaluate prejudice for that purpose, one compares the position of creditors if an extension is granted, with their position if no extension is granted, and usually there will be a difference because priorities will be disturbed.

65. According to the evidence of Ms Eggermont, while no competing security interests have been granted to other secured parties specifically over any particular collateral in which the plaintiff has a PMSI, some of the Grantors have granted AllPAP security interests to other secured parties; in some cases before and in others after the date on which the plaintiff made its initial registrations. In Accolade Wines at [28] Brereton J observed with respect to a similar factual position that:

Whether granted before or after the initial registrations, those AllPAP security interests are now entitled to priority over the Plaintiffs’ PMSIs. If an order is made under s 293(1) extending the period for registration of the Plaintiffs’ PMSIs, the AllPAP holders will lose that priority in respect of the particular collateral which is the subject of the Plaintiffs’ PMSIs. It follows that they will be prejudiced by extending the period.

66. Importantly, Brereton J added at [29] that “such prejudice, while not irrelevant, is not conclusive”. After referring to Appleyard at [27] for the proposition that, in relation to s 588FM, prejudice to other creditors could not be conclusive because otherwise an order would never be made in any case in which it mattered, since in any case where an extension was of utility, there would inevitably be prejudice by removing the collateral from the pool available to satisfy unsecured creditors generally, and enabling that result was the fundamental purpose of the extension provision in s 588FM, Brereton J expressed the view in Accolade Wines at [29] concerning PPSA, s 293:

The same applies here: the essential purpose of granting an extension is to reinstate the priority to which a PMSI would otherwise be entitled over prior AllPAPs (as it will in any event have priority over later AllPAPs), and thus in any case in which the remedy is of any practical utility, there will be prejudice to a prior AllPAP holder.

67. It has been said that an AllPAP is always liable to be trumped, in respect of specific after-acquired collateral, by a PMSI in respect of that collateral and to the extent that an Earlier AllPAP holder will be prejudiced, it is only by losing a windfall arising from inadvertence: Accolade Wines at [52(2)-(3)].

68. Notice of the application has been given to the all Earlier AllPAP holders and the Later AllPAP holders. Other than the four parties who have filed submitting appearances, none of the other parties have appeared or objected to the extension sought under PPSA, s 293(1).

Reliance

69. It has been said that the kind of “reliance” contemplated by s 293(3)(c) is where a third party has dealt with the grantor by, for example, taking a security interest over property that includes the property subject to the PMSI, in the belief that there was no perfected PMSI that would trump its interest: Accolade Wines at [30].

70. In Accolade Wines at [31] Brereton J remarked as follows:

At the time when any Earlier AllPAP holder took security from the relevant Grantors, the property the subject of the Plaintiffs’ security interests was not property of the relevant Grantor. An AllPAP secured party whose security interest was registered prior to the Plaintiffs’ initial registrations could not have "acted, or not acted, in reliance on the period having ended", as its interest was acquired prior to the existence of the Plaintiffs' PMSI. Only a Later AllPAP holder – one whose interest was acquired after the Plaintiffs’ initial registration – could potentially fall within s 293(3)(c).

71. None of the Later AllPAP holders have asserted prejudice or reliance of the kind referred to above. Although there is no expert evidence in this case concerning the types of searches of the PPS Register that a reasonably prudent financier would have done (cf Accolade Wines at [32], [33] and [35]), it can be inferred that the Later AllPAP holders would not have had notice of the plaintiff’s PMSI when acquiring their security interests, assuming they had conducted a search of the PPS Register. That is because the plaintiff’s initial registrations did not refer to a PMSI.

72. Nonetheless, had the secured parties who hold Later AllPAPs in respect of Grantors conducted a search of the PPS Register the results would have identified the plaintiffs’ security interest in the specific goods or equipment described in the financing statement and that the class of collateral was over “all present and acquired property”. None of the Later AllPAP holders assert that this mis-description in the plaintiff’s registrations was material to its decision to provide financial accommodation and to take the AllPAP security from the Grantors.

73. Turning to the Grantors who have entered into external administration. Neither Beaton Pumping nor Online Performance have appeared or otherwise objected to the extension sought under s 293. As indicated, the entry of a grantor company into external administration does not preclude the court making an order under s 588FM. Brereton J held in Re Appleyard at [30] that the same principle applied with regard to s 293:

Thus an order can be made, even after liquidation, so long as the circumstances are such as to render it just and equitable to grant relief, notwithstanding that the grant of relief will defeat rights of unsecured creditors.

74. I am satisfied that it is just and equitable to make an order extending the number of business days in the period specified in s 62(3)(b) for the perfection by registration of the plaintiff’s interests which may be characterised as PMSIs to the dates of the new registrations in November 2016 or January 2017 (as the case may be). For simplicity, the plaintiff seeks an extension to the later date of 2 November 2016 for the new registrations which occurred on either 1 or 2 November 2016. An extension is sought to 11 November 2016 for the two Grantors referred to at [19(1)] above. An extension is sought to 19 January 2017 for the Grantor referred to at [19(2)] above. In each case those later dates are appropriate, being the dates of the plaintiff’s further registrations correcting defects in the earlier (new) registrations lodged on either 1 or 2 November 2016 relating to those Grantors.

75. One further matter should be mentioned. The plaintiff’s proposed orders make provision for liberty to apply by any person who has a perfected security interest over collateral the subject of any of the registrations set out in Schedules 1 or 2 to the orders below (other than any second defendants or third defendants) to set aside, amend or vary any of orders 1, 2 or 3 of the orders below on three days’ written notice to the plaintiff. A similar order, although not in exactly the same terms, was made in Accolade Wines at [53(8)]. It is appropriate to make such an order here to guard against the possibility that the plaintiff’s searches of the PPS Register for the purposes of this application may have not identified a person or entity (other than the second defendants or third defendants) having a perfected security interest over collateral the subject of the plaintiff’s new registrations in November 2016 and in one case in January 2017.

Orders

76. Accordingly, I make the following orders and directions:

1. Pursuant to s 588FM of the Corporations Act 2001 (Cth) (Corporations Act), 2 November 2016 is fixed as the time for the plaintiff to register on the Personal Property Securities Register (PPSR) each PPSR registration referred to in Schedule 1 to this judgment for the purposes of s 588FL(2)(b)(iv) of the Corporations Act;

2. Pursuant to s 588FM of the Corporations Act, 11 November 2016 is fixed as the time for the plaintiff to register PPSR registration numbers:

1. 2016110100344207;

2. 201611010036493;

3. 201611010035707; and

4. 201611010033068,

on the PPSR for the purposes of s 588FL(2)(b)(iv) of the Corporations Act;

3. Pursuant to s 293(1) of the Personal Property Securities Act 2009 (Cth) (PPSA), the number of business days set out in s 62(3)(b) be extended by the appropriate number of business days relevant such that:

1. any registration on the PPSR made by the plaintiff on or prior to 2 November 2016 as contained in Schedule 2 to this judgment falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order;

2. PPSR Registration No: 201611010036493 and 201611010035707 made by the plaintiff on 11 November 2016 falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order; and

3. PPSR Registration No: 201611010026726 made by the plaintiff on 19 January 2017 falls within the time period prescribed by s 62(3)(b) of the PPSA as extended by this order;

4. If, within 6 months of 2 November 2016, any winding up of any of the first defendants occurs, or an administrator is appointed to any of the first defendants under ss 436A, 436B or 436C of the Corporations Act, or any of the first defendants execute a deed of company arrangement, liberty is reserved to any liquidator, administrator or deed administrator of any of the first defendants to apply to discharge or vary orders 1 and 2.

5. If, within 6 months of 11 November 2016 any winding up of Drinx Pty Ltd or Stuart Dickson Produce Pty Ltd occurs, or an administrator is appointed to any of those first defendants under ss 436A, 436B or 436C of the Corporations Act, or any of those first defendants execute a deed of company arrangement, liberty is reserved to any liquidator, administrator or deed administrator of any of those first defendants to apply to discharge or vary orders 1 and 2.

6. Any person or entity who has a perfected security interest over collateral the subject of any of the registrations set out in Schedules 1 or 2 to this judgment, other than any of the second defendants or third defendants to these proceedings, has liberty to apply to set aside, amend or vary any of orders 1, 2 or 3 of these orders on three days’ written notice to the plaintiff.

7. The plaintiff has liberty to apply on three days' notice.

8. These orders be entered forthwith.

**********

Schedule 1

List of plaintiff’s new PPSR Registrations the subject of s 588 FM orders

No.	Name of grantor	PPSR Registration Number (PMSI registration)	PPSR Registration Number (non-PMSI registration)
1	4 in 1 Wyoming Pty Ltd T/as Anytime Fitness Wyoming	201611010037114	201611010034810
2	5 Ships At Sea Pty Ltd IIOC & ATF The 5 Ships Trust T/as The Grace Darling Hotel	201611020009748	201611020009769
3	Abacus Asset & Financial Management Pty Ltd	201611010036354	201611010034063
4	ABBA Sheetmetal Pty Ltd	201611010036074	201611010033607
5	Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata	201611020033870	201611020034313
6	Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata	201611020034487	201611020034912
7	ALH Group Pty Ltd	201611010036799	201611010034517
8	ALH Group Pty Ltd	201611010037030	201611010034731
9	All Communication Matters Pty Ltd	201611010036850	201611010034564
10	Armstrong Investments (Ballarat) Pty Ltd IIOC & ATF The NAKE Family Trust	201611020007714	201611020007849
11	Ausbarge Marine Services Pty Ltd	201611010035920	201611010033386
12	Australian Institute of Personal Trainers Pty Ltd	201611010035657	201611010032980
13	Australian Institute of Personal Trainers Pty Ltd	201611010036464	201611010034141
14	Automotive Food Metals Engineering Printing & Kindred Industries Union T/as Australian Manufacturing Workers' Union	201611010036100	201611010033611
15	Bada Group Pty Ltd	201611010036377	201611010034071
16	Bark King Group Pty Ltd IIOC & ATF The Johnston Family Trust	201611010045459	201611010045535
17	Bavarian Motor Vehicle Engineering Pty Ltd T/as Bavarian Engineering	201611010035089	201611010032458
18	Beales IGA Everyday Pty Ltd	201611010035004	201611010032381
19	Bellmac Cartons Pty Ltd	201611010035537	201611010032869
20	Bendigo Sheetmetal Pty Ltd	201611010036694	201611010034426
21	Beton Pumping Group Pty Ltd	201611010036019	201611010033522
22	Billy Couldwell Pty Ltd T/as Ray White (Green Square Botany)	201611010035814	201611010033184
23	Birkenhead Seafoods Pty Ltd T/as Jonnies Seafoods	201611010036308	201611010034028
24	Bitzios Consulting Pty Ltd IIOC & ATF The Bitzios Family Trust	201611020003214	201611020003222
25	Body Blitz 24/7 Fitness Pty Ltd	201611010035898	201611010033338
26	Bouygues Construction Australia Pty Ltd	201611010035281	201611010032663
27	Box Hill Superclinic Pty Ltd IIOC & ATF The Box Hill Superclinic Unit Trust T/as Cosmetic Institute of Australia	201611020007143	201611020007162
28	Braemar College Ltd	201611010035402	201611010032784
29	Braemar College Ltd	201611010035473	201611010032848
30	Braemar College Ltd	201611010035500	201611010032853
31	Camtes Pty Ltd T/as Ipswich Pet & Aquarium	201611010035193	201611010032587
32	Canberra Private Hospital Pty Ltd	201611010036884	201611010034615
33	Capital Radiology Pty Ltd	201611010036656	201611010034398
34	Cardwell Care Incorporated	201611010036214	201611010033761
35	Carok Pty Ltd IIOC & ATF The Carok Settlement T/as Bob Jane T-Mart Ballarat	201611020007232	201611020007297
36	Cathcart Investments Pty Ltd IIOC & ATF The D & L Cathcart Family Trust T/as Cathcart Smash Repairs	201611020009027	201611020009070
37	Cedar Australia International Pty Ltd T/as Chateau Elan Hunter Valley	201611010036057	201611010033567
38	Cellmore Real Estate Pty Ltd	201611010035965	201611010033420
39	Cerebral Palsy Alliance	201611010035275	201611010032659
40	Chernway Pty Ltd	201611010035805	201611010033178
41	Constant Technology Pty Ltd	201611010035603	201611010032914
42	Corporate Communique Pty Ltd	201611010035164	201611010032556
43	Country Club International Pty Ltd IIOC & ATF The Country Club International Unit Trust T/as Country Club International	201611020003116	201611020003137
44	CPA Partners Pty Ltd	201611010035753	201611010033113
45	Craiglea Pty Ltd T/as Kaczanowski & Co	201611010035661	201611010033010
46	Customised Traffic Management Pty Ltd	201611010036163	201611010033682
47	Dandenong Gate Co Pty Ltd IIOC & ATF The Dandenong Co Unit Trust	201611020007369	201611020007395
48	Daniel, Daniel & CO Pty Ltd IIOC & ATF The Daniel & Daniel Trust T/as Wolli Creek Family Practice	201611020003159	201611020003163
49	Delta Aviation Services Pty Ltd	201611010036982	201611010034689
50	Desmond William Gillam & Wendy Gillam T/as Gippsland Monograms Warragul Workwear	201611020032187	201611020032314
51	Dolphin Hotel Surry Hills Pty Ltd IIOC & ATF The Dolphin Hotel Unit Trust	201611020009846	201611020009879
52	Drinx Pty Ltd IIOC & ATF The Drinx Trust	201611020003589	201611020003618
53	Drinx Pty Ltd IIOC & ATF The Drinx Trust	201611010036493	201611010034207
54	E & D Danias Pty Ltd IIOC & ATF The Danias Family Trust T/as Danias Timber	201611010044995	201611010045056
55	E.M.E. Nominees Pty Ltd T/as Rotapro	201611010034950	201611010032334
56	Eat Fit Food Pty Ltd	201611010035366	201611010032709
57	Eco-Growth International Pty Ltd	201611010037076	201611010034754
58	EEE Investments Pty Ltd T/as Springfield Civil	201611010035378	201611010032713
59	Eighty Eight Real Estate Pty Ltd T/as Barry Plant Cranbourne	201611010036003	201611010033514
60	Ellem Holdings Pty Ltd T/as Kaczanowski & Co	201611010036562	201611010034295
61	E-Plot Pty Ltd IIOC & ATF The E-Plot Unit Trust	201611020006828	201611020006844
62	Everseal Australia Pty Ltd	201611010035140	201611010032539
63	Fab Kitchen's Pty Ltd	201611010036159	201611010033669
64	Fabiola Beauty Pty Ltd	201611010035769	201611010033121
65	Fiacloir Pty Ltd T/as Gladesville Orthodontics	201611010035206	201611010032594
66	Findex Australia Pty Ltd	201611010035879	201611010033291
67	Findex Australia Pty Ltd	201611010036706	201611010034435
68	Flexi Staff Pty Ltd	201611010035544	201611010032876
69	Forest Investment Group Pty Ltd IIOC & ATF The Forest Unit Trust T/as IGA Lugarno	201611020003354	201611020003401
70	Forster Bowling Club Ltd	201611010035711	201611010033081
71	Frentamine Pty Ltd IIOC & ATF The Frentamine Trust T/as Big Chair Living	201611020004786	201611020004861
72	Frost Air Conditioning Pty Ltd	201611010037082	201611010034765
73	G & K Hore Industries Pty Ltd IIOC & ATF The Hore Family Trust T/as Eurocity Motors	201611020010218	201611020010256
74	Gibb Farming Company Pty Ltd	201611010037179	201611010034847
75	Gisborne Supermarket Pty Ltd IIOC & ATF The Gisborne Supermarket Unit Trust	201611020002839	201611020002887
76	GPR Scanning Pty Ltd	201611010036233	201611010033918
77	Graham George Wilson & Rosyln Wilson ITOC & ATF The G & R Wilson Family Trust T/as Allcraft Tools & Equipment	201611020031552	201611020031649
78	Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA	201611020006551	201611020006735
79	Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA	201611020008581	201611020008620
80	Greenwood Property Group Pty Ltd T/as Ray White Bankstown	201611010035138	201611010032525
81	Greg Forte & Co Pty Ltd IIOC & ATF The Greg Forte Trading Trust T/as Delta Floorworld	201611010046231	201611010046436
82	Greville Street Enterprises Pty Ltd IIOC & ATF The 142 Greville Street Enterprises Unit Trust T/as Toko Melbourne	201611020003527	201611020003562
83	Hallmic Investments Pty Ltd IIOC & ATF The Zhang-Hoyle Family Trust T/as Eastern Cleaning Supplies	201611020005858	201611020005972
84	Hemco Industries Pty Ltd	201611010036723	201611010034457
85	Hopetoun Kembla Holdings Pty Ltd T/as Four In Hand Hotel	201611010036976	201611010034662
86	Hopetoun Kembla Holdings Pty Ltd T/As The Woolahra Hotel	201611010036625	201611010034379
87	In Balance Fitness (Vic) Pty Ltd	201611010036821	201611010034538
88	International Security Training Academy Pty Ltd	201611010035210	201611010032600
89	Ioctane Pty Ltd T/as Launchpad Serviced Offices	201611010035977	201611010033454
90	J & S Airconditioning Pty Ltd	201611010036396	201611010034092
91	J J Toomey Pty Ltd T/as Allies Hotel	201611010036710	201611010034442
92	J.G. Goldner Pty Ltd	201611010034945	201611010032310
93	Jamie Vincent Chant & Lee-Ann Gay Chant T/as Harrisons Mowers Campsie	201611020031758	201611020031886
94	JEJM Gregory Hills Pty Ltd IIOC & ATF The Gregory Hills Hotel Unit Trust T/as Gregory Hills Hotel	201611020010148	201611020010169
95	JJ Medical Services Pty Ltd	201611010036781	201611010034490
96	John Falcone & Sons Pty Ltd T/as Stockdale & Leggo St Albans	201611010036267	201611010033994
97	Julien Pty Ltd IIOC & ATF The Julien Unit Trust T/as Le Brun Glezakos	201611010044251	201611010044312
98	Just Squeezed Fruit Juices (NSW) Pty Ltd	201611010035674	201611010033023
99	Kenneth Eduard Dunn & Paula Frances Hill & Janice Margaret Sullivan & Michael Francis Sullivan T/as Nature's Garden Organic Grocery	201611020038797	201611020039130
100	KX Pilates Richmond Pty Ltd IIOC & ATF The KX Pilates Richmond Unit Trust	201611010046824	201611010047005
101	LA Realty (Victoria) Pty Ltd	201611010036768	201611010034488
102	Laser Clinics Australia (Erina) Pty Ltd	201611010036589	201611010034314
103	Laser Clinics Australia (Newcastle) Pty Ltd	201611010036591	201611010034333
104	Laser Trak Pty Ltd	201611010036026	201611010033533
105	LegalVision ILP Pty Ltd	201611010035058	201611010032427
106	Link Systems Australia Pty Ltd	201611010035425	201611010032807
107	LSDB Pty Ltd As Nominee For The Laing & Simmons Double Bay Property Sales Partnership T/as Laing & Simmons Double Bay	201611020052805	201611020052851
108	Luxecorp Pty Ltd T/as World Gym Albury	201611010037095	201611010034796
109	M & D Jones Customs Pty Ltd IIOC & ATF The M & D Jones Customs Unit Trust	201611020006301	201611020006317
110	M P Safety Management Pty Ltd	201611010036948	201611010034643
111	M W & M A Kemp Pty Ltd T/as Top Meats	201611010036734	201611010034474
112	Magic Glass Pty Ltd	201611010035268	201611010032644
113	Mahercorp Pty Ltd	201611010035748	201611010033109
114	Mainestead Holdings Pty Ltd IIOC & ATF The Mainestead Trust T/as Black Forest Meats	201611020004239	201611020004260
115	Mamma Natuzza Pty Ltd	201611010035563	201611010032882
116	Mamma Natuzza Pty Ltd	201611010035983	201611010033477
117	Mario Abela & Sons Pty Ltd IIOC & ATF The Mario Abela Family Trust T/as Melton Smash Repairs	201611020009418	201611020009487
118	Mark Ferrari Pty Ltd	201611010036438	201611010034125
119	McEwing Partners Pty Ltd	201611010036061	201611010033580
120	Medical Channel Pty Ltd	201611010035456	201611010032830
121	Melbourne Stadiums Ltd	201611010037011	201611010034712
122	Melca Nominees Pty Ltd T/as Melbourne Carpet Specialists	201611010037133	201611010034823
123	Mikcon Pty Ltd	201611010035321	201611010032685
124	Mindful Movementz Pty Ltd IIOC & ATF The Mindful Movementz Trust T/as KX Pilates Berwick	201611020003781	201611020003809
125	Monoland Embroidery Pty Ltd	201611010037198	201611010034881
126	Mountain Designs Pty Ltd	201611010035851	201611010033236
127	Mountain Designs Pty Ltd	201611010036687	201611010034419
128	MSAP Pty Ltd T/as Artist Photographer	201611010036455	201611010034139
129	National Property Valuers (NSW) Pty Ltd	201611010036486	201611010034173
130	Neptune Hospitality Pty Ltd T/as Seadeck International	201611010036536	201611010034248
131	Net City Pty Ltd	201611010035117	201611010032491
132	Newcombes Holdings Pty Ltd IIOC & ATF The Newcombe Family Trust T/as Village Motors	201611020002927	201611020003019
133	Nexon Asia Pacific Pty Ltd	201611010035129	201611010032502
134	Nicholas David Havill T/as Beach Fitness Semaphore	201611010027209	201611010027278
135	Norton Glass Pty Ltd	201611010036401	201611010034102
136	Nu Pulse Pty Ltd	201611010035931	201611010033393
137	O'Connell St Medical Centre Pty Ltd	201611010034978	201611010032347
138	On The Ball Personnel Australasia Pty Ltd IIOC & ATF The On The Ball Personnel Australasia Trust	201611020003953	201611020004148
139	Online Performance Autos Pty Ltd	201611010037007	201611010034708
140	Organic Crop Protectants Pty Ltd	201611010035313	201611010032671
141	P & M Quality Smallgoods Pty Ltd	201611010036969	201611010034658
142	P & M Quality Smallgoods Pty Ltd	201611010037216	201611010034913
143	Paul Filing Enterprises Pty Ltd	201611010036602	201611010034351
144	Paul Moraitis (Investments) Pty Ltd IIOC & ATF The Paul Moraitis Family Trust & Stephen Moraitis IHOC & ATF The Stephen Moraitis Family Trust T/as Morco Fresh	201611020052275	201611020052642
145	Pendle Ham & Bacon Curers Pty Ltd IIOC & ATF The PHBC Absolutely Entitled Trust	201611020003267	201611020003298
146	Penpharm Pty Ltd IIOC & ATF The Penpharm Unit Trust T/as Terry White Chemists Rosebud	201611010045629	201611010045664
147	Perfection Fresh Australia Pty Ltd	201611010036280	201611010034000
148	Perfection Fresh Australia Pty Ltd	201611010036331	201611010034044
149	Peter Barton Pty Ltd IIOC & ATF The Barton Family Trust	201611020006987	201611020007025
150	Pets Haven Foundation Ltd	201611010036246	201611010033941
151	Petsure Australia Pty Ltd	201611020042832	201611020043031
152	Pivotal Motion Physiotherapy Pty Ltd	201611010035688	201611010033034
153	PKFWNS Pty Ltd	201611010037200	201611010034899
154	Pope Joan Pty Ltd IIOC & ATF The WFD Fixed Unit Trust	201611020005430	201611020005532
155	Poseidon Charters Pty Ltd T/as Vagabond Cruises	201611010035626	201611010032933
156	Primerano Investments Pty Ltd T/as Spar Nth Parramatta	201611010035846	201611010033204
157	Pro Light & Sound (VIC) Pty Ltd	201611010036383	201611010034085
158	Quany's Pty Ltd IIOC & ATF The Quang Family Trust	201611020009223	201611020009309
159	Quick Corporate Australia Pty Ltd IIOC & ATF The Quick Cup Unit Trust	201611020006431	201611020006496
160	Quicks Freight Holdings Pty Ltd IIOC & ATF The DWJ Quick Family Trust Others T/as Quick's Freight Express	201611010046659	201611010046721
161	R & R Rural & Residential Property Pty Ltd	201611010035776	201611010033166
162	Ram Airconditioning Pty Ltd	201611010036137	201611010033648
163	Ras Cass Pty Ltd IIOC & ATF The Clayfield Aussie Unit Trust T/as Aussie Clayfield	201611020009931	201611020009965
164	Red Funnel Fisheries Newcastle Pty Ltd	201611010035015	201611010032399
165	Remondis Australia Pty Ltd	201611010035954	201611010033408
166	Remondis Australia Pty Ltd	201611010036185	201611010033735
167	Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD	201611010035571	201611010032895
168	Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD	201611010036222	201611010033871
169	Revesby Workers' Club Ltd	201611010037180	201611010034868
170	Riverstone-Schofields Memorial Club Ltd	201611010035833	201611010033197
171	Roberts & Kane Solicitors Pty Ltd	201611010034984	201611010032352
172	Rocket Five Pty Ltd T/as The Mordialloc Grocery Store	201611010036845	201611010034555
173	Rosebower Pty Ltd	201611010037024	201611010034720
174	Ross David Blake T/as R B Productions	201611010026166	201611010026522
175	Royal Motor Yacht Club of New South Wales Port Hacking Branch	201611010035186	201611010032573
176	S Francesco Pty Ltd T/as Criniti's Southbank	201611010036429	201611010034118
177	S Francesco Pty Ltd T/as Criniti's Southbank	201611010036543	201611010034253
178	Scotts Motors Artarmon Pty Ltd T/as Scotts Honda	201611010035585	201611010032905
179	Selina Products Pty Ltd T/as Gejay Automotive	201611010035155	201611010032541
180	Shapes Health Club Holdings Pty Ltd IIOC & ATF The Matter of Trust & Shapes Health Club Holdings Pty Ltd IIOC & ATF The DL Investment Trust T/as Genesis Fitness Clubs Kelmscott	201611020033046	201611020033337
Shellharbour Private Hospital Pty Ltd	201611010036930	201611010034636
182	Shriji Om Pty Ltd T/as IGA Canley Heights	201611010035441	201611010032811
183	Shukri Habib Barbara T/as Property Tax Specialists	201611010038094	201611010038213
184	Silo Developments Australia Pty Ltd	201611010035908	201611010033364
185	Simmons Logistics Pty Ltd	201611010037228	201611010034921
186	South Coast Private Pty Ltd	201611010036907	201611010034627
187	Specialized Apparel LP	201611020042088	201611020042185
188	Starhill Hotel (Brisbane) Pty Ltd	201611010037053	201611010034749
189	Strategic Financial Solutions Pty Ltd	201611010036472	201611010034160
190	Stuart Dickson Produce Pty Ltd IIOC & ATF The Burgess Family Trust	201611010035707	201611010033068
191	Sunny Queen Pty Ltd	201611010036527	201611010034230
192	Swift Transport Pty Ltd	201611010034997	201611010032375
193	Sydney Olympic Football Club Ltd	201611010036832	201611010034540
194	Tadros Travel Services Pty Ltd	201611010035397	201611010032750
195	Tasmanian Gourmet Seafoods Pty Ltd IIOC & ATF The Blake Family Trust	201611020005005	201611020005067
196	Techpro Pty Ltd	201611010035223	201611010032616
197	Teitz Pty Ltd IIOC & ATF The Townshop Trust T/as Teitzel's SUPA IGA Tully	201611010044100	201611010044185
198	Testro Factoring Pty Ltd T/as Hospital Patients Guide	201611010035043	201611010032404
199	The Document Business Centre (Wollongong) Pty Ltd	201611010036312	201611010034037
200	The Forum Group of Companies Pty Ltd	201611010035101	201611010032489
201	The Mach 3 Group Pty Ltd IIOC & ATF The Mach 3 Group Trust	201611010045975	201611010046064
202	The Nail Lab Pty Ltd	201611010035252	201611010032637
203	The Paper Cup Company Pty Ltd	201611010035635	201611010032951
204	The Profectus Investment Group Pty Ltd T/as Aussie Dulwich Hill	201611010036298	201611010034016
205	The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust	201611010044589	201611010044656
206	The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust	201611010044897	201611010044948
207	Tibaldi Australasia Pty Ltd	201611010035867	201611010033262
208	Timber Training Creswick Ltd	201611010035690	201611010033052
209	Titan Cranes & Rigging Pty Ltd	201611010035619	201611010032922
210	Titan Cranes & Rigging Pty Ltd	201611010035724	201611010033099
211	Titan Cranes & Rigging Pty Ltd	201611010035996	201611010033496
212	Titan Cranes & Rigging Pty Ltd	201611010036035	201611010033546
213	TND Meiklejohn Pty Ltd IIOC & ATF The Copeman Trust T/as All In One Fitness Centre	201611020005219	201611020005290
214	Total Industrial Cleaning Services Pty Ltd	201611010035070	201611010032436
215	Tsingele Trading Pty Ltd T/as Gripx Auto Parts	201611010035350	201611010032692
216	US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust	201611020003320	201611020003349
217	US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust	201611020004520	201611020004646
218	Valley Cabinets Pty Ltd	201611010035091	201611010032462
219	Verve Pharmacy Pty Ltd IIOC & ATF The Roberts Family Trust No.2 T/as Kallangur Day & Night Pharmacy	201611020003035	201611020003074
220	Voi Concept Stores Pty Ltd	201611010044809	201611010044850
221	Waratah Private Hospital Pty Ltd	201611010036878	201611010034604
222	Warralodge Pty Ltd T/as Gibb Bros	201611010037167	201611010034834
223	White Ray (Oakleigh) Pty Ltd IIOC & ATF The White Oak Trust T/as Ray White Oakleigh	201611020005566	201611020005597
224	Whittlesea Sawmills Pty Ltd	201611010036128	201611010033630
225	Wisdom Holdings Pty Ltd	201611010037105	201611010034806
226	Xerox Business Services (Australia) Pty Ltd	201611010035384	201611010032732
227	Young & Rubicam Group Pty Ltd	201611010036866	201611010034586
228	Zodiac Group Australia Pty Ltd	201611010036558	201611010034276

Schedule 2

List of plaintiff's new PPSR Registrations (Registered as a PMSI) the subject of s 293 orders

No.	Name of grantor	PPSR Registration Number
1	4 in 1 Wyoming Pty Ltd T/as Anytime Fitness Wyoming	201611010037114
2	5 Ships At Sea Pty Ltd IIOC & ATF The 5 Ships Trust T/as The Grace Darling Hotel	201611020009748
3	Abacus Asset & Financial Management Pty Ltd	201611010036354
4	ABBA Sheetmetal Pty Ltd	201611010036074
5	Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata	201611020033870
6	Adam Paul Adams & Always Convenience Pty Ltd & Lartin Pty Ltd & Larissa Anne Tumata & Quentin James Tumata	201611020034487
7	Aggrey Kiyingi	201611010026047
8	ALH Group Pty Ltd	201611010036799
9	ALH Group Pty Ltd	201611010037030
10	All Communication Matters Pty Ltd	201611010036850
11	Armstrong Investments (Ballarat) Pty Ltd IIOC & ATF The NAKE Family Trust	201611020007714
12	Ausbarge Marine Services Pty Ltd	201611010035920
13	Australian Institute of Personal Trainers Pty Ltd	201611010035657
14	Australian Institute of Personal Trainers Pty Ltd	201611010036464
15	Automotive Food Metals Engineering Printing & Kindred Industries Union T/as Australian Manufacturing Workers' Union	201611010036100
16	Bada Group Pty Ltd	201611010036377
17	Bark King Group Pty Ltd IIOC & ATF The Johnston Family Trust	201611010045459
18	Bavarian Motor Vehicle Engineering Pty Ltd T/as Bavarian Engineering	201611010035089
19	Beales IGA Everyday Pty Ltd	201611010035004
20	Bellmac Cartons Pty Ltd	201611010035537
21	Bendigo Sheetmetal Pty Ltd	201611010036694
22	Beton Pumping Group Pty Ltd	201611010036019
23	Billy Couldwell Pty Ltd T/as Ray White (Green Square Botany)	201611010035814
24	Birkenhead Seafoods Pty Ltd T/as Jonnies Seafoods	201611010036308
25	Bitzios Consulting Pty Ltd IIOC & ATF The Bitzios Family Trust	201611020003214
26	Body Blitz 24/7 Fitness Pty Ltd	201611010035898
27	Bouygues Construction Australia Pty Ltd	201611010035281
28	Box Hill Superclinic Pty Ltd IIOC & ATF The Box Hill Superclinic Unit Trust T/as Cosmetic Institute of Australia	201611020007143
29	Braemar College Ltd	201611010035402
30	Braemar College Ltd	201611010035473
31	Braemar College Ltd	201611010035500
32	Brendon Douglas Gray T/as Holyshirt Screen Print	201611010038471
33	Brett James Pattinson & Robyn Joy Pattinson T/as Sydney Meats	201611020040676
34	Brian Francis Lane T/as Lane & O'Rourke	201611010025610
35	Cameron James Woods & Michelle Deanne Barry-Woods ITOC & ATF The Camiche Family Trust T/as Anytime Fitness Australind	201611020039622
36	Camtes Pty Ltd T/as Ipswich Pet & Aquarium	201611010035193
37	Canberra Private Hospital Pty Ltd	201611010036884
38	Capital Radiology Pty Ltd	201611010036656
39	Cardwell Care Incorporated	201611010036214
40	Carok Pty Ltd IIOC & ATF The Carok Settlement T/as Bob Jane T-Mart Ballarat	201611020007232
41	Cathcart Investments Pty Ltd IIOC & ATF The D & L Cathcart Family Trust T/as Cathcart Smash Repairs	201611020009027
42	Cedar Australia International Pty Ltd T/as Chateau Elan Hunter Valley	201611010036057
43	Cellmore Real Estate Pty Ltd	201611010035965
44	Cerebral Palsy Alliance	201611010035275
45	Chernway Pty Ltd	201611010035805
46	Concetta Angela Petrillo	201611010038722
47	Constant Technology Pty Ltd	201611010035603
48	Corporate Communique Pty Ltd	201611010035164
49	Country Club International Pty Ltd IIOC & ATF The Country Club International Unit Trust T/as Country Club International	201611020003116
50	Courtney Emma Darragh & Suzanne Joy Darragh & Tyrone Gary Darragh & Thomas John Darragh T/as SJD's Custom Clothing & Embroidery	201611020036542
51	CPA Partners Pty Ltd	201611010035753
52	Craiglea Pty Ltd T/as Kaczanowski & Co	201611010035661
53	Customised Traffic Management Pty Ltd	201611010036163
54	Dandenong Gate Co Pty Ltd IIOC & ATF The Dandenong Co Unit Trust	201611020007369
55	Daniel, Daniel & CO Pty Ltd IIOC & ATF The Daniel & Daniel Trust T/as Wolli Creek Family Practice	201611020003159
56	David Andrew Eyles T/as Mosman Dental Clinic	201611010028356
57	Delta Aviation Services Pty Ltd	201611010036982
58	Desmond William Gillam & Wendy Gillam T/as Gippsland Monograms Warragul Workwear	201611020032187
59	Dolphin Hotel Surry Hills Pty Ltd IIOC & ATF The Dolphin Hotel Unit Trust	201611020009846
60	DP1094273 T/as The BMC - DP1094273	201611020043238
61	Drinx Pty Ltd IIOC & ATF The Drinx Trust	201611020003589
62	Drinx Pty Ltd IIOC & ATF The Drinx Trust	201611010036493
63	E & D Danias Pty Ltd IIOC & ATF The Danias Family Trust T/as Danias Timber	201611010044995
64	E.M.E. Nominees Pty Ltd T/as Rotapro	201611010034950
65	Eat Fit Food Pty Ltd	201611010035366
66	Eco-Growth International Pty Ltd	201611010037076
67	EEE Investments Pty Ltd T/as Springfield Civil	201611010035378
68	Eighty Eight Real Estate Pty Ltd T/as Barry Plant Cranbourne	201611010036003
69	Ellem Holdings Pty Ltd T/as Kaczanowski & Co	201611010036562
70	E-Plot Pty Ltd IIOC & ATF The E-Plot Unit Trust	201611020006828
71	Everseal Australia Pty Ltd	201611010035140
72	Fab Kitchen's Pty Ltd	201611010036159
73	Fabiola Beauty Pty Ltd	201611010035769
74	Felice Anthony Vitiello	201611010026726
75	Fiacloir Pty Ltd T/as Gladesville Orthodontics	201611010035206
76	Findex Australia Pty Ltd	201611010035879
77	Findex Australia Pty Ltd	201611010036706
78	Flexi Staff Pty Ltd	201611010035544
79	Forest Investment Group Pty Ltd IIOC & ATF The Forest Unit Trust T/as IGA Lugarno	201611020003354
80	Forster Bowling Club Ltd	201611010035711
81	Frentamine Pty Ltd IIOC & ATF The Frentamine Trust T/as Big Chair Living	201611020004786
82	Frost Air Conditioning Pty Ltd	201611010037082
83	G & K Hore Industries Pty Ltd IIOC & ATF The Hore Family Trust T/as Eurocity Motors	201611020010218
84	G & S Richmond Partnership T/as Rhino Promotions	201611020042349
85	Gareth Adam Lewell T/as Lewell Dental	201611020041725
86	Gibb Farming Company Pty Ltd	201611010037179
87	Gisborne Supermarket Pty Ltd IIOC & ATF The Gisborne Supermarket Unit Trust	201611020002839
88	GPR Scanning Pty Ltd	201611010036233
89	Graham George Wilson & Rosyln Wilson ITOC & ATF The G & R Wilson Family Trust T/as Allcraft Tools & Equipment	201611020031552
90	Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA	201611020006551
91	Greatly Appreciated Pty Ltd IIOC & ATF The Greatley Family Trust T/as MSP Photography - WA	201611020008581
92	Greenwood Property Group Pty Ltd T/as Ray White Bankstown	201611010035138
93	Greg Forte & Co Pty Ltd IIOC & ATF The Greg Forte Trading Trust T/as Delta Floorworld	201611010046231
94	Gregory John Dunstan T/as Dunstan Legal	201611020041033
95	Greville Street Enterprises Pty Ltd IIOC & ATF The 142 Greville Street Enterprises Unit Trust T/as Toko Melbourne	201611020003527
96	Hallmic Investments Pty Ltd IIOC & ATF The Zhang-Hoyle Family Trust T/as Eastern Cleaning Supplies	201611020005858
97	Hemco Industries Pty Ltd	201611010036723
98	Hopetoun Kembla Holdings Pty Ltd T/as Four In Hand Hotel	201611010036976
99	Hopetoun Kembla Holdings Pty Ltd T/As The Woolahra Hotel	201611010036625
100	HWL Ebsworth Lawyers	201611020017069
101	HWL Ebsworth Lawyers	201611020012628
102	HWL Ebsworth Lawyers	201611020014474
103	HWL Ebsworth Lawyers	201611020015210
104	In Balance Fitness (Vic) Pty Ltd	201611010036821
105	International Security Training Academy Pty Ltd	201611010035210
106	Ioctane Pty Ltd T/as Launchpad Serviced Offices	201611010035977
107	J & S Airconditioning Pty Ltd	201611010036396
108	J J Toomey Pty Ltd T/as Allies Hotel	201611010036710
109	J.G. Goldner Pty Ltd	201611010034945
110	Jamie Vincent Chant & Lee-Ann Gay Chant T/as Harrisons Mowers Campsie	201611020031758
111	JEJM Gregory Hills Pty Ltd IIOC & ATF The Gregory Hills Hotel Unit Trust T/as Gregory Hills Hotel	201611020010148
112	JJ Medical Services Pty Ltd	201611010036781
113	Johanne Gwendolyn Nolan & John Peter Nolan T/as Percy's at Smithfield	201611010039815
114	John Falcone & Sons Pty Ltd T/as Stockdale & Leggo St Albans	201611010036267
115	Joseph Daniel Jedwab T/as Hampton Veterinary Hospital	201611010027854
116	Julien Pty Ltd IIOC & ATF The Julien Unit Trust T/as Le Brun Glezakos	201611010044251
117	Just Squeezed Fruit Juices (NSW) Pty Ltd	201611010035674
118	Kenneth Eduard Dunn & Paula Frances Hill & Janice Margaret Sullivan & Michael Francis Sullivan T/as Nature's Garden Organic Grocery	201611020038797
119	KX Pilates Richmond Pty Ltd IIOC & ATF The KX Pilates Richmond Unit Trust	201611010046824
120	LA Realty (Victoria) Pty Ltd	201611010036768
121	Laser Clinics Australia (Erina) Pty Ltd	201611010036589
122	Laser Clinics Australia (Newcastle) Pty Ltd	201611010036591
123	Laser Trak Pty Ltd	201611010036026
124	Lauren Kate Norris T/as Wicked Temptations	201611010038923
125	LegalVision ILP Pty Ltd	201611010035058
126	Link Systems Australia Pty Ltd	201611010035425
127	LSDB Pty Ltd As Nominee For The Laing & Simmons Double Bay Property Sales Partnership T/as Laing & Simmons Double Bay	201611020052805
128	Luxecorp Pty Ltd T/as World Gym Albury	201611010037095
129	M & D Jones Customs Pty Ltd IIOC & ATF The M & D Jones Customs Unit Trust	201611020006301
130	M P Safety Management Pty Ltd	201611010036948
131	M W & M A Kemp Pty Ltd T/as Top Meats	201611010036734
132	Magic Glass Pty Ltd	201611010035268
133	Mahercorp Pty Ltd	201611010035748
134	Mainestead Holdings Pty Ltd IIOC & ATF The Mainestead Trust T/as Black Forest Meats	201611020004239
135	Mamma Natuzza Pty Ltd	201611010035563
136	Mamma Natuzza Pty Ltd	201611010035983
137	Mario Abela & Sons Pty Ltd IIOC & ATF The Mario Abela Family Trust T/as Melton Smash Repairs	201611020009418
138	Mark Ferrari Pty Ltd	201611010036438
139	McEwing Partners Pty Ltd	201611010036061
140	Medical Channel Pty Ltd	201611010035456
141	Melbourne Stadiums Ltd	201611010037011
142	Melca Nominees Pty Ltd T/as Melbourne Carpet Specialists	201611010037133
143	Michael Joseph Frank Luca T/as Love Home Loans	201611010027590
144	Mikcon Pty Ltd	201611010035321
145	Mindful Movementz Pty Ltd IIOC & ATF The Mindful Movementz Trust T/as KX Pilates Berwick	201611020003781
146	Monoland Embroidery Pty Ltd	201611010037198
147	Mountain Designs Pty Ltd	201611010035851
148	Mountain Designs Pty Ltd	201611010036687
149	MSAP Pty Ltd T/as Artist Photographer	201611010036455
150	National Property Valuers (NSW) Pty Ltd	201611010036486
151	Neptune Hospitality Pty Ltd T/as Seadeck International	201611010036536
152	Net City Pty Ltd	201611010035117
153	Newcombes Holdings Pty Ltd IIOC & ATF The Newcombe Family Trust T/as Village Motors	201611020002927
154	Nexon Asia Pacific Pty Ltd	201611010035129
155	Nicholas David Havill T/as Beach Fitness Semaphore	201611010027209
156	Norton Glass Pty Ltd	201611010036401
157	Nu Pulse Pty Ltd	201611010035931
158	O'Connell St Medical Centre Pty Ltd	201611010034978
159	On The Ball Personnel Australasia Pty Ltd IIOC & ATF The On The Ball Personnel Australasia Trust	201611020003953
160	Online Performance Autos Pty Ltd	201611010037007
161	Organic Crop Protectants Pty Ltd	201611010035313
162	P & M Quality Smallgoods Pty Ltd	201611010036969
163	P & M Quality Smallgoods Pty Ltd	201611010037216
164	Paul Filing Enterprises Pty Ltd	201611010036602
165	Paul Moraitis (Investments) Pty Ltd IIOC & ATF The Paul Moraitis Family Trust & Stephen Moraitis IHOC & ATF The Stephen Moraitis Family Trust T/as Morco Fresh	201611020052275
166	Pendle Ham & Bacon Curers Pty Ltd IIOC & ATF The PHBC Absolutely Entitled Trust	201611020003267
167	Penpharm Pty Ltd IIOC & ATF The Penpharm Unit Trust T/as Terry White Chemists Rosebud	201611010045629
168	Perfection Fresh Australia Pty Ltd	201611010036280
169	Perfection Fresh Australia Pty Ltd	201611010036331
170	Peter Barton Pty Ltd IIOC & ATF The Barton Family Trust	201611020006987
171	Peter Damian Francis IHOC & ATF The Francis Practice Trust & Jennifer Maxine Lightowlers IHOC & ATF The Lightowlers Practice Trust T/as Fal Lawyers	201611010013974
172	Peter Gatsios IHOC & ATF The PDG Trust T/as Bob Jane T-Marts Ringwood	201611010039242
173	Pets Haven Foundation Ltd	201611010036246
174	Petsure Australia Pty Ltd	201611020042832
175	Pivotal Motion Physiotherapy Pty Ltd	201611010035688
176	PKFWNS Pty Ltd	201611010037200
177	Pope Joan Pty Ltd IIOC & ATF The WFD Fixed Unit Trust	201611020005430
178	Poseidon Charters Pty Ltd T/as Vagabond Cruises	201611010035626
179	Primerano Investments Pty Ltd T/as Spar Nth Parramatta	201611010035846
180	Pro Light & Sound (VIC) Pty Ltd	201611010036383
182	Quany's Pty Ltd IIOC & ATF The Quang Family Trust	201611020009223
183	Quick Corporate Australia Pty Ltd IIOC & ATF The Quick Cup Unit Trust	201611020006431
184	Quicks Freight Holdings Pty Ltd IIOC & ATF The DWJ Quick Family Trust Others T/as Quick's Freight Express	201611010046659
185	R & R Rural & Residential Property Pty Ltd	201611010035776
186	Ram Airconditioning Pty Ltd	201611010036137
187	Ras Cass Pty Ltd IIOC & ATF The Clayfield Aussie Unit Trust T/as Aussie Clayfield	201611020009931
188	Red Funnel Fisheries Newcastle Pty Ltd	201611010035015
189	Remondis Australia Pty Ltd	201611010035954
190	Remondis Australia Pty Ltd	201611010036185
191	Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD	201611010035571
192	Renegade Gas Pty Ltd T/as Supagas NSW & Supagas QLD	201611010036222
193	Revesby Workers' Club Ltd	201611010037180
194	Riverstone-Schofields Memorial Club Ltd	201611010035833
195	Roberts & Kane Solicitors Pty Ltd	201611010034984
196	Rocket Five Pty Ltd T/as The Mordialloc Grocery Store	201611010036845
197	Rosebower Pty Ltd	201611010037024
198	Ross David Blake T/as R B Productions	201611010026166
199	Royal Motor Yacht Club of New South Wales Port Hacking Branch	201611010035186
200	S Francesco Pty Ltd T/as Criniti's Southbank	201611010036429
201	S Francesco Pty Ltd T/as Criniti's Southbank	201611010036543
202	Sang Un Ho T/as Marigold Jewellery Manufacturing Co	201611010026885
203	Sang Un Ho T/as Marigold Jewellery Manufacturing Co	201611010026994
204	Scotts Motors Artarmon Pty Ltd T/as Scotts Honda	201611010035585
205	Selina Products Pty Ltd T/as Gejay Automotive	201611010035155
206	Shapes Health Club Holdings Pty Ltd IIOC & ATF The Matter of Trust & Shapes Health Club Holdings Pty Ltd IIOC & ATF The DL Investment Trust T/as Genesis Fitness Clubs Kelmscott	201611020033046
207	Shellharbour Private Hospital Pty Ltd	201611010036930
208	Shriji Om Pty Ltd T/as IGA Canley Heights	201611010035441
209	Shukri Habib Barbara T/as Property Tax Specialists	201611010038094
210	Silo Developments Australia Pty Ltd	201611010035908
211	Simmons Logistics Pty Ltd	201611010037228
212	South Coast Private Pty Ltd	201611010036907
213	Specialized Apparel LP	201611020042088
214	St Gerard's Primary School	201611010036639
215	St Josephs Primary School Boronia	201611010034932
216	St Virgil's College Hobart	201611010036504
217	Starhill Hotel (Brisbane) Pty Ltd	201611010037053
218	Strategic Financial Solutions Pty Ltd	201611010036472
219	Stuart Dickson Produce Pty Ltd IIOC & ATF The Burgess Family Trust	201611010035707
220	Sunny Queen Pty Ltd	201611010036527
221	Susan Dawson & Jennifer Stevenson T/as Broome Natural Wellness	201611010040237
222	Susan Dawson & Jennifer Stevenson T/as Broome Natural Wellness	201611020040262
223	Swift Transport Pty Ltd	201611010034997
224	Sydney Olympic Football Club Ltd	201611010036832
225	Tadros Travel Services Pty Ltd	201611010035397
226	Tasmanian Gourmet Seafoods Pty Ltd IIOC & ATF The Blake Family Trust	201611020005005
227	Techpro Pty Ltd	201611010035223
228	Teitz Pty Ltd IIOC & ATF The Townshop Trust T/as Teitzel's SUPA IGA Tully	201611010044100
229	Testro Factoring Pty Ltd T/as Hospital Patients Guide	201611010035043
230	The Document Business Centre (Wollongong) Pty Ltd	201611010036312
231	The Forum Group of Companies Pty Ltd	201611010035101
232	The Mach 3 Group Pty Ltd IIOC & ATF The Mach 3 Group Trust	201611010045975
233	The Nail Lab Pty Ltd	201611010035252
234	The Paper Cup Company Pty Ltd	201611010035635
235	The Profectus Investment Group Pty Ltd T/as Aussie Dulwich Hill	201611010036298
236	The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust	201611010044589
237	The Tearoom Pty Ltd IIOC & ATF The Grand Pacific Group Unit Trust	201611010044897
238	Tibaldi Australasia Pty Ltd	201611010035867
239	Timber Training Creswick Ltd	201611010035690
240	Titan Cranes & Rigging Pty Ltd	201611010035619
241	Titan Cranes & Rigging Pty Ltd	201611010035724
242	Titan Cranes & Rigging Pty Ltd	201611010035996
243	Titan Cranes & Rigging Pty Ltd	201611010036035
244	TND Meiklejohn Pty Ltd IIOC & ATF The Copeman Trust T/as All In One Fitness Centre	201611020005219
245	Total Industrial Cleaning Services Pty Ltd	201611010035070
246	Tsingele Trading Pty Ltd T/as Gripx Auto Parts	201611010035350
247	US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust	201611020003320
248	US Group Pty Ltd IIOC & ATF The Workforce Frankston Unit Trust	201611020004520
249	Valley Cabinets Pty Ltd	201611010035091
250	Verve Pharmacy Pty Ltd IIOC & ATF The Roberts Family Trust No.2 T/as Kallangur Day & Night Pharmacy	201611020003035
251	Voi Concept Stores Pty Ltd	201611010044809
252	Vu Van Hieu T/as Greensborough Embroidery.Com	201611010027382
253	Waratah Private Hospital Pty Ltd	201611010036878
254	Warralodge Pty Ltd T/as Gibb Bros	201611010037167
255	White Ray (Oakleigh) Pty Ltd IIOC & ATF The White Oak Trust T/as Ray White Oakleigh	201611020005566
256	Whittlesea Sawmills Pty Ltd	201611010036128
257	Wisdom Holdings Pty Ltd	201611010037105
258	Xerox Business Services (Australia) Pty Ltd	201611010035384
259	Young & Rubicam Group Pty Ltd	201611010036866
260	Zodiac Group Australia Pty Ltd	201611010036558

Amendments

28 April 2017 - Typographical amendments

03 August 2017 - Amendment to end [29] - duplication of [30]

Decision last updated: 03 August 2017