New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Agistment/grazing agreements
  • 24 Jun 2011

    STOCKCO LIMITED V WALKER HC NAP CIV 2011-441-110

    Citation
    openlaw-2271b8b4_35f2_45a7_9a76_f8ffd69dc4c0.pdf
    Court
    High Court

    The Grazing Agreement was a contract for improvement (payment based on liveweight gain and an obligation to maintain stipulated gain) rather than mere agistment; the defendant performed services amounting to improvement and retained continuous possession, thereby obtaining a common law possessory lien; that lien satisfied s93 PPSA conditions (services in ordinary course, lien not created by statute, and no knowledge of prohibition) and therefore has priority over the plaintiff's registered security interest in respect of the plaintiff's cattle on the defendant's property.