24 Jun 2011
STOCKCO LIMITED V WALKER HC NAP CIV 2011-441-110
- Citation
- openlaw-2271b8b4_35f2_45a7_9a76_f8ffd69dc4c0.pdf
- Court
- High Court
The Grazing Agreement was a contract for improvement (payment based on liveweight gain and an obligation to maintain stipulated gain) rather than mere agistment; the defendant performed services amounting to improvement and retained continuous possession, thereby obtaining a common law possessory lien; that lien satisfied s93 PPSA conditions (services in ordinary course, lien not created by statute, and no knowledge of prohibition) and therefore has priority over the plaintiff's registered security interest in respect of the plaintiff's cattle on the defendant's property.