New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mortgage over goods

Legal area

Court

23 Feb 2018

DESMOND JAMES ALBERT CONWAY v MERCEDES-BENZ FINANCIAL SERVICES NEW ZEALAND LIMITED [2018] NZSC 16

Citation

[2018] NZSC 16
Court

Supreme Court

Leave to appeal was dismissed because the question whether s114(4) applied depended on the parties' documentation, the issue was not appropriate for the Supreme Court to decide on this record, and its resolution was unlikely to affect the applicant's obligation to pay the sums owing.
16 Aug 2016

MERCEDES-BENZ FINANCIAL SERVICES NEW ZEALAND LIMITED v CONWAY [2016] NZHC 1896

Citation

[2016] NZHC 1896
Court

High Court

The court found MBFS owned the vehicles on a dealer floor plan and the consumer credit agreements expressly reserved legal and beneficial ownership to MBFS until full payment; title therefore never passed to the defendant, the Property Law Act mortgage regime did not apply, MBFS validly used the CRA (and alternatively PPSA) procedures to repossess and sell, and MBFS was entitled to judgment for the outstanding balances.