Wickham Hill Investment Pty Ltd v Ding

[2019] NSWSC 631

Supreme Court of NSW

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Interrogate

Catchwords

1. Mortgages and Securities
2. › personal property security interests
3. › Personal Property Securities Act 2009 (Cth) (“PPSA”)
4. › amendment demands
5. › judicial process for considering amendment demand under PPSA s 182
6. › nature of the Court’s enquiry
7. › whether the Court can finally determine the parties’ rights in an application under s 182
8. › onus of proof
9. › consideration of jurisdiction to restrain threatened registration of further financing statements under s 182(4)(c).
1. Equity
2. › equitable remedies
3. › injunctions
4. › injunctions in the Court’s inherent jurisdiction
5. › injunctive relief in aid of the determination of title to property
6. › where injunction sought to restrain further registration of a financing statement of the Personal Property Securities Register
7. › injunction refused in circumstances where no declaratory relief sought to clarify existence of security interest.
1. Contracts
2. › construction
3. › five agreements entered into between individual shareholders / directors of a company and a third party lender
4. › where agreements written in Mandarin and translated into English
5. › whether the company was a party to the agreements
6. › whether the five agreements create “security interests” arising under the Personal Property Securities Act 2009 (Cth).
1. Corporations
2. › capacity to contract by corporation
3. › whether corporation became party to agreement by stamping its corporate seal to a pre-existing agreement
4. › corporate state of mind
5. › stamping of corporate seal not intended to signify accession to agreement but merely to comply with Chinese custom.