10 May 2023
FRANCIS v GROSS [2023] NZHC 1107
- Citation
- [2023] NZHC 1107
- Court
- High Court
Legal title to the incomplete pods remained with the company because contracts reserved ownership until full payment; however, customers who have paid purchase moneys for identified and appropriated incomplete pods hold equitable liens over those specific pods to the extent of the purchase moneys paid (including deposits); no perfected PMSI or transfer of title to customers arose; liquidators' statutory indemnity for reasonable remuneration and expenses remains subject to those equitable liens and the court reserved detailed assessment of liquidators' fees.