New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Possession and recovery of goods
  • 17 May 2007

    BRYANT LOGGING LIMITED V SOUNDS LOGGING LIMITED AND ANOR HC NEL CIV-2007-442-174

    Citation
    openlaw-c4fefcaa_bf1e_420d_8661_0c033044d80f.pdf
    Court
    High Court

    Summary judgment was granted because the respondents had no defence to the plaintiff's claim and the court could make orders for possession and judgment while preserving Spiers Group Limited's PPSA security rights; accordingly Heartland was ordered to surrender the Thunderbird Hauler, Bryant was awarded possession subject to Spiers' PPSA interest, judgment for $64,143.52 plus interest from 1 March 2004, cancellation under s7 Contractual Remedies Act 1979, and costs to the plaintiff.

    • Summary judgment
    • Contract cancellation
    • Ppsa security interest
    • Possession and recovery of goods
    • Interest and costs