17 Feb 2010
RABOBANK NEW ZEALAND LIMITED V STOCKCO LIMITED HC NAP CIV-2009-441-207
- Citation
- openlaw-70148fdf_75c6_4108_a39a_d0e30cb2bb25.pdf
- Court
- High Court
StockCo's summary judgment applications were dismissed because there are genuine, material factual disputes on (1) whether StockCo validly holds PMSIs for the 2007 cattle (including whether purchases were by StockCo or by Mr Campbell in his own right), (2) whether StockCo's PPSR financing statement was seriously misleading for failing to use the partnership name such that its security interest may be unperfected, and (3) StockCo's inability to conclusively identify and trace the specific animals, and any one of these disputes defeated StockCo's entitlement to summary judgment; Rabobank theref…