Tag Archives: lessee

Unperfected security interest – Lessee’s administrator successfully resists landlord’s PPSA claims over plant and equipment

In the judgment of Flown Pty Ltd (Administrators Appointed) v Goldrange Pty Ltd & Another, a lessee’s administrator successfully resisted a landlord’s claim to possession of plant and equipment located at the leased trading premises as security for a loan. In coming to this decision, the Supreme Court of Western Australia provided guidance as to what constitutes “possession” for the purposes of perfecting a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA).

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