28 Jun 2017
MCCOLLUM AND ORS v THOMPSON AND ANOR [2017] NZCA 269
- Citation
- [2017] NZAR 1106
- Court
- Court of Appeal
The Court allowed the appeal: the 11 April 2013 letter constituted a valid demand under clause 17(i) of the GSA such that the 47 heifers became additional security as of that date (so any unlawful possession was limited to the two months prior); the receivers breached their duty by selling at an undervalue and damages for the sale shortfall are warranted; appellants could not on appeal reverse their prior position to deny agency of the receivers without unfair prejudice; quantum of limited conversion losses and Otonga Valley Road stock losses and interest are remitted to the High Court for de…