5 Oct 2012
AIR LIQUIDE NEW ZEALAND LIMITED V SUPAGAS 2009 LIMITED HC AK CIV-2012-404-1425
- Citation
- openlaw-1c2d579e_1d85_4456_ab0a_17c9942dfbd0.pdf
- Court
- High Court
The striking out/summary judgment application was dismissed because the court could not determine as a matter of law that s66(a) PPSA applied without resolving the factual issue whether the Asco agreement was a lease for more than one year and whether Asco was regularly engaged in the business of leasing (the s16 exception). Because that factual issue could affect whether a PPSA security interest existed, it was not appropriate to conclude the plaintiff had no reasonably arguable cause of action; the matter must proceed to case management for issue definition and further pleadings.