23 Aug 2010
RABOBANK NEW ZEALAND LIMITED V R MCANULTY AND OTHERS AND ANOR HC WN CIV-2010-485-647
- Citation
- openlaw-0eebc50a_598a_4da0_b7e7_064ad6a7fe5f.pdf
- Court
- High Court
Summary judgment was declined because the proceeding raises novel and material questions of law (the interplay between ss17 and 40 of the PPSA regarding whether bailed goods give rise to deemed proprietary rights and whether those rights suffice for third party attachment, and whether s16(c)(i) excludes the Syndicate) and factual issues that mean the defendants have an arguable defence; these questions require full argument at trial rather than resolution on summary judgment.