BMW Australia Finance Ltd v Mehajer Vision Pty Ltd (No2) [2021] NSWSC 1379 — Priority Of Interests & Mortgages And Securities — Barrister AI
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BMW Australia Finance Ltd v Mehajer Vision Pty Ltd (No2)
[2021] NSWSC 1379
Supreme Court of NSW
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Interrogate
Catchwords
Property
›
Priority of Interests
›
Personal Property Securities Act 2009 (NSW)
›
s 55(3)
›
s 55(4)
›
Evidentiary basis for priority given to plaintiff under the chattel mortgage agreement
›
Declaratory relief granted
Mortgages and Securities
›
Personal Property Securities Act 2009 (Cth)
›
Security interest
›
Interest in personal property
›
Where party claiming an interest in the property is bankrupt
›
Where party has not taken any steps to advance a claim in the proceedings or register a security interest
›
Where trustee in bankruptcy has not exercised any right to be joined in the proceedings and has not asserted any interest in the property
Mortgages and Securities
›
Personal Property Securities Act 2009 (Cth)
›
Possession
Case Details
Citation
[2021] NSWSC 1379
Court
NSWSC
Jurisdiction
New South Wales
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[2021] NSWSC 1379
7 authorities it relies on
1958
1971
1984
1997
2010
2021
Relies on
7
2021
BMW Australia Finance Ltd v Mehajer Vision Pty Ltd
NSWSC 1057
2016
National Australia Bank Ltd v Garrett
FCA 714
2015
Capital Finance Australia Limited v Elana Claire Clough
NSWSC 1327
2007
Repatriation Commission v Tsourounakis
FCAFC 29
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