Re Dairy Soils Pty Ltd (in liq) [2025] VSC 540

Legal update

Pursuant to section 588FM of the Corporations Act 2001 (Cth), the plaintiff sought orders for an extension of time to register its Purchase Money Security Interests (PMSIs) over livestock and machinery in the approximate value of AU$1,425,600 supplied to Dairy Soils.

The plaintiff approached the Court on the basis that, if the relief it sought was not granted, the PMSIs over the assets acquired by Dairy Soils would be void as against the liquidator.

As most legal practitioners will know, it is an expectation of the Court that parties in a dispute will engage in some form of alternative dispute resolution (ADR), such as mediation. However, mediation can sometimes then be treated as a simple procedural step to get through and move on from.

Parties may simply turn up to a mediation with little to no intention of resolving the matter or narrowing the issues in dispute, which can be very frustrating for those parties who attend with a genuine intention to resolve the matter and achieve a commercial outcome.

Recent Decisions

Get in Quick! Claim Thwarted Due to Lack of Notice
Nicholls v The Professional Pest Controllers Pty Ltd [2025] NSWPIC 427

PIC Not Constrained by Third-Party Rules When Evaluating Evidence
State of New South Wales (Hunter New England Local Health District) v Bramble [2025] NSWPICPD 57

Scott v Usinch Pty Ltd [2025] NSWSC 983

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Key takeaways

State of New South Wales (Hunter New England Local Health District) v Bramble [2025] NSWPICPD 57

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Key takeaways

Nicholls v The Professional Pest Controllers Pty Ltd [2025] NSWPIC 427

Link to decision  Link to video

Key takeaways

Link to decision

Key takeaways

In a recent decision, the Supreme Court of New South Wales held Hunter Water Corporation (HWC), a state-owned corporation, liable in nuisance for property damage arising from a burst water main.

Brief facts

Legal update

Last Thursday, the High Court refused a special leave application in the case of Miller v McKnight.

The special leave application was brought by McKnight, the claimant, who was supported by a credit hire car company and sought to overturn the decision of the Western Australia Supreme Court of Appeal.