Question
Mary runs a company which owns a significant number of luxury boats which it rents out to individuals and businesses. Jacob leases a luxury boat
Mary runs a company which owns a significant number of luxury boats which it rents out to individuals and businesses. Jacob leases a luxury boat (cost of $22,000) from Mary's company for a period of 20 months. According to the agreement, Jacob needs to make a monthly payment of $1,000. While there is no renewal option, Jacob has the option to purchase the boat at the end of the 20 months' term for $2,400. The agreement does not say anything on the point whether Jacob can sublease the boat to other parties. Joanna does not register a security interest on the PPSR website. Jacob uses the boat for leisure only. He soon realises the dramatic cost involved in the maintenance of the boat and decides to sublease it to Joanna for 12 months. When Jacob defaults one of his monthly payments to Mary, Mary finds out about the sublease and claims security interest in the boat.
A. Should Mary have registered the lease on the PPSR website?
B. Assume that PPSA applies to this scenario. Would Mary be able to repossess the boat under the PPSA before the end of Joanna's 12 month sublease?
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