Rehmat & Mehar Pty Ltd (ACN 640 452 991) & Anor v Hortle

Rehmat & Mehar Pty Ltd and another party brought proceedings against Hortle in the High Court of Australia. The dispute concerned the interpretation and application of provisions within the *Corporations Act 2001* (Cth) relating to the registration of charges. Specifically, the applicants sought to have a charge registered by the respondent removed from the register of charges maintained by the Australian Securities and Investments Commission (ASIC).

The central legal issue before the High Court was whether the charge registered by the respondent was a registrable charge under the *Corporations Act 2001* (Cth). This required the Court to consider the definition of a "charge" and the circumstances under which an instrument creating or evidencing a security interest in the property of a company must be registered. The Court also had to determine the consequences of failing to register a registrable charge.

Gageler CJ, delivering the judgment of the Court, reasoned that the instrument in question created a registrable charge within the meaning of the *Corporations Act 2001* (Cth). His Honour emphasised that the Act's registration provisions are designed to provide certainty and transparency regarding security interests in company property. The Court held that the failure to register the charge rendered it void against a liquidator and certain other creditors. Consequently, the Court ordered that the charge be removed from the register.