07 May 2018
Originally published in the Australian Banking & Finance Law Bulletin March 2018 (Vol 34 No 1), this article offers an analysis of a recent decision in the Supreme Court of South Australia, which involved a priority contest that turned on the construction of s 62 of the Personal Property Securities Act 2009 (Cth) (PPSA).
The judgment in the case in question, Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd  SASC 163, provides clarity with respect to the meaning of when ‘a grantor obtains possession’ for the purposes of s 62(2)(b)(i) of the PPSA.
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