4 Aug 2010
SOUTH CANTERBURY FINANCE LIMITED V NIELSEN LAW & ANOR HC HAM CIV 2009-419-000758
- Citation
- openlaw-28228a6a_b136_4996_b262_00154ce65ea5.pdf
- Court
- High Court
The deed of priority, construed in its commercial and textual context, fixed the parties' priorities against the full proceeds of sale of the secured land (including the deposit paid pre-settlement); accordingly ASB was not entitled to retain $540,000 of the deposit in addition to claiming its $3,500,000 priority and SCF was entitled to judgment for $540,000.