30 May 2008
STIASSNY & GIBSON AS RECEIVERS OF CHEQUER PACKAGING LTD (IN RECEIVERSHIP) V DUNEDIN CITY COUNCIL HC AK CIV-2007-404-003463
- Citation
- openlaw-7f481096_dde4_433e_a532_8a362412ad55.pdf
- Court
- High Court
No proprietary interest arose because clause (k) failed certainty of subject matter (no segregated fund identifiable); even if a proprietary interest existed it would be a security interest under the PPSA; ANZ's perfected security interest attached to the debtor's rights in the collateral and would have priority over any such interest.