REPRESENTATIVE EXPERIENCE
Nicole Ward
Acting for Pioneer Electronics Australia Pty Ltd in a retention of title claim against Wow Audio Visual Superstores Pty Ltd (Receivers and Managers Appointed) seeking recovery of stock valued at approximately AU$430,000. This matter involved consideration of the Personal Property Securities Act 2009 (Cth) and its application to retention of title claims. Pioneer was one of the few creditors in the receivership of WOW to successfully make out its retention of title claim as a transitional security interest under the PPSA.
Acting on behalf of a major bank in the recovery of a loan book totalling approximately AU$280 million made to investors in various Willmott Forests managed investment schemes (whether individuals, companies and/or trusts).
Acted for the liquidator of Atco Controls Pty Ltd (in liquidation) in the High Court of Australia in an action against its subsidiary Newtronics Pty Ltd (in liquidation) (receivers and managers appointed), and its appointed liquidator. The matter involved a claim by Newtronics' liquidator that he was entitled to retain certain settlement monies pursuant to a liquidator's equitable lien arising from the principles set in Re Universal Distributing Co Ltd (in liquidation) (1933) 48 CLR 171.
Regularly acting for government organisations in complex and significant debt recovery matters, including issuing applications for freezing orders and the appointment of special purpose liquidators.