22 Jun 2010
MCKAY AND ORS V TOLL LOGISTICS (NZ) LIMITED HC AK CIV-2009-404-7389
- Citation
- openlaw-dc6948de_2462_4d1f_8185_06efd5efa201.pdf
- Court
- High Court
The court held Toll could not establish a common law general packers' lien absent evidence of trade custom in New Zealand; Toll's contractual lien constitutes a security interest under s17 of the PPSA and therefore does not obtain priority under s93 (which applies to liens that are not security interests as envisaged by the Act); ASB's earlier registered financing statement and ASB's priority under s66 prevails, so Toll has no right ranking in priority to ASB's security interest.