Tobias v QDL Ltd

The dispute in *Tobias v QDL Ltd* concerned the validity of a trader's bill of sale. The appellant, Tobias, sought to challenge the bill of sale, arguing it was invalid and that an associated equitable charge was consequently also invalid. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the court were whether the trader's bill of sale was invalid under the *Bills of Sale Act 1898* (NSW), specifically concerning whether it "set forth" the usual name or style under which the business was carried on. Further, the court had to determine if, assuming invalidity, rectification of the non-compliance was possible, and if the equitable charge was rendered invalid as a consequence of the bill of sale's invalidity. The court also considered the effect of a statutory declaration being part of the same document.

The Court of Appeal dismissed the appeal. The court held that the phrase "set forth" in the context of the Act meant that the usual name or style of the business must be stated in the bill of sale. The court found that the bill of sale in question did not comply with this requirement. However, the court determined that rectification was not available in these circumstances. The court also concluded that the equitable charge was not consequentially invalid.

The appeal was dismissed with costs.