11 Aug 2017
BIGYARD HOLDINGS LIMITED (IN RECEIVERSHIP) & ANOR v TASMANDAIRY LIMITED & ANOR [2017] NZHC 1918
- Citation
- [2017] NZHC 1918
- Court
- High Court
Summary judgment was declined because material disputes of fact and credibility persisted about which assets were owned by Doxcon and subsequently transferred, the evidential foundation (valuation and asset lists) was contested, and further discovery and a trial were required; although Asset Finance held a perfected security and had a right to possession, equitable delivery up was inappropriate on the available material and the application had to be resisted.