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.
You can access a copy of AllPAAP punctured: PMSI triumph over Kawasaki motorcycles — Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd here, or click the ‘DOWNLOAD PDF’ button.
This publication is introductory in nature. Its content is current at the date of publication. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice based on your specific circumstances before taking any action relating to matters covered by this publication. Some information may have been obtained from external sources, and we cannot guarantee the accuracy or currency of any such information.