16 Dec 2009
DANIEL SMITH INDUSTRIES LIMITED V CRANES INTERNATIONAL NZ LIMITED HC ROT CIV 2009-463-286
- Citation
- openlaw-3f5b5a13_e3e9_4e19_9f18_c4c3c9f31f8a.pdf
- Court
- High Court
The judge found DSI had established a seriously arguable case that a security agreement existed because the substance of the transaction could be a deposit securing performance; factual disputes required oral evidence and could not be resolved on affidavits, therefore the registration must be maintained pending substantive litigation, conditional on DSI commencing proceedings by a set date.