15 Jul 2009
TOYOTA FINANCE NEW ZEALAND LIMITED V CHRISTIE AND ORS HC AK CIV-2009-404-3797
- Citation
- openlaw-a307fc80_f824_4a48_a436_533ce45e2b65.pdf
- Court
- High Court
The court applied the caveat-style interlocutory test: Toyota, as applicant, bears the onus and must establish a seriously arguable case that a security agreement exists between it and Mr Christie; the court found such a seriously arguable case and therefore maintained the registration under s 167, but required Toyota to commence substantive proceedings within 14 days to determine the issue finally.
- Security interest maintenance
- Attachment of security interest
- Registration on personal property securities register
- S 162 demand and s 167 relief
- Caveat-analogy for interim protection