16 May 2011
TOLL LOGISTICS (NZ) LIMITED V ANDREW JOHN MCKAY AND JOHN JOSEPH CREGTEN COA CA442/2010
- Citation
- COA CA442/2010
- Court
- Court of Appeal
A general packer's lien will not be recognised in New Zealand without satisfactory proof of an established trade custom; Toll produced no such proof and did not operate as a historical factor/money‑lender, and in any event the parties' June 2009 contractual terms created a contractual lien which superseded and excluded any common law lien in respect of services after 5 June 2009, so Toll has no priority over ASB's registered PPSA security interest.