Court of Appeal Wellington
15, 21 November 1988
Cooke P, Richardson and McMullin JJ
15, 21 November 1988
Cooke P, Richardson and McMullin JJ
Equity — Estoppel — Promissory estoppel — Defaults having been made under an instrument by way of security which gave a first charge over chattels, the grantee instructed repossession agent to seize the chattels — Later it cancelled those instructions following representation by receiver that its rights would not be affected — Receiver subsequently discovered that rent was owing and, without notice to grantee, distrained upon the chattels — Whether distraint was lawful — Whether receiver was estopped from asserting his claim to the proceeds of sale of the chattels — Distress and Replevin Act 1908, s 4.
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