10 May 2012
MJN MCNAUGHTON LTD v THODE HC ROT CIV-2011-404-001590
- Citation
- openlaw-fcff6b47_5c4a_4853_9f1d_ff15c94826e9.pdf
- Court
- High Court
Property in the bespoke joinery passed to the buyer when the goods were completed and unconditionally appropriated to the contract; that being so McNaughton was entitled to sue for the contract price under s50(1) Sale of Goods Act despite having repossessed the goods under its PPSA security rights because repossession without following PPSA procedures to satisfy the debt does not extinguish the debt; the guarantor is liable for the contract price of $30,177.01 under the guarantee.