28 Oct 2011
SWINDLE V MATAKANA ESTATE LIMITED (IN LIQUIDATION) HC AK CIV-2011-404-002246
- Citation
- openlaw-2add68a0_2f92_4a90_9295_4970b559d593.pdf
- Court
- High Court
Where invoices related to specific, identifiable consignments of grapes/juice held in distinct vessels, property passed to the Vintage companies on 19/20 May 2009; where those consignments were later mixed with Matakana stock the contributors became tenants in common in proportion to contribution; consignments already commingled with Matakana stock at invoice remained Matakana's property and did not pass; Aorangi acquired a security interest in the Vintage companies' title to the wine stock which continued on commingling under the PPSA and was converted by the liquidators' dealing without con…