General Motors Acceptance Corp Australia v Southbank Traders Pty Ltd

Chattel Securities Act 1987 (Vic) – Meaning of "security interest" - Where respondent had entered into a conditional sale agreement for motor vehicles with a third party - Where sale agreement contained a "Romalpa clause" - Where appellant was a purchaser from the third party - Competing interests of appellant and respondent - Whether respondent held a security interest - Whether including conditional sales within the meaning of security interest is consistent with the purpose and text of the Chattel Securities Act 1987 (Vic) - Whether rights over property owned by the debtor must be "conferred" on the creditor for a security interest to exist - Whether an interest over goods which is reserved, not created, can constitute a security interest.

Chattel Securities Act 1987 (Vic) – Priorities - Competing interests of appellant and respondent - Whether respondent's "security interest" lost for want of registration.

Property – Chattels - Priorities - Interest of vendor under a conditional sale.

Statutory construction – Legislative history - Relevance of textual differences between original and re-enacted versions of statute - Relevance of common law concepts when construing statutory definitions.

Words and Phrases – "security interest".

Chattel Securities Act 1987 (Vic) – ss 3(1), 3(3), 7(1), 7(6).

Goods Act 1958 (Vic) – ss 27, 31.