27 Apr 2010
SARGISON AND ANOR V ANTHEM WINE COMPANY LIMITED AND ORS HC CHCH CIV-2009-409-001876
- Citation
- openlaw-905a7e40_978c_4e12_a1cc_4f16eb6e56e3.pdf
- Court
- High Court
On the balance of probabilities the court found Anthem Holdings had assumed the role of winemaker, had possession and control of the 2006–2008 vintages and that no valid sale from Gibbston Downs Wines to Anthem Wine Company occurred; accordingly the receivers hold proprietary rights to those vintages and the secured interest had attached, entitling them to possession and proceeds.