26 Jul 2012
STOCKCO LIMITED V BRENDON JAMES GIBSON AND MICHAEL PETER STIASSNY COA CA58/2011
- Citation
- openlaw-17c80e07_b7c3_4448_8a7f_249d6922e056.pdf
- Court
- Court of Appeal
On the facts the Court held the 4,000 heifer sale was not in the ordinary course of Plateau's dairy business so the Banks' perfected security continued; s88 did not subrogate StockCo because the 20 April 2009 letter did not state the requisite facts to give StockCo knowledge under s19 and the bailment/lease issue was therefore not operative; the alleged gift of 750 cows was ineffective for want of delivery/identification so Banks' security continued over them; and although the description '750 M/A cows' would not have been adequate under s36 in these highly unusual commingled circumstances, t…