14 November 2017

Fraud: Pioneer Finance v. Green Cars

Failing to register its personal property security interest in a Toyota Prius cost Green Cars Ltd when a customer fraudulently mortgaged the vehicle to a finance company when refinancing a $46,000 loan.
Green Cars owns a fleet of hybrid cars.  They are leased on fixed-term hires.  Green Cars was conned by Vicente Lopez who used one of its Prius hire vehicles as security when reorganising his business finances.  Mr Lopez re-registered the vehicle in his own name and then passed it off as his own car.  In May 2015, the finance company registered its interest in the car on the personal property securities register; an electronic database giving public notice of loans outstanding on cars and other personal property.
The High Court was told Mr Lopez had hired a Prius from Green Cars for a series of medium term loan periods.  Only when the finance company turned up at its yard to repossess the fraudulently mortgaged Prius did Green Cars learn of the fraud.  Its challenge to the finance company’s rights failed.  The law relating to loans secured over personal property does not concentrate on legal ownership; it looks to see who has apparent ownership.  Green Cars was the legal owner, but Mr Lopez was the apparent owner.  The finance company lent money on the security of Mr Lopez’ apparent ownership of the car and publicly registered its security interest.  It had first claim over the Prius.           
Pioneer Finance Ltd v. Green Cars Ltd – High Court (14.11.17)

17.151