Francis v Gross - [2023] 2 NZLR 762

Company law — Liquidators — Remuneration and reimbursement — Liquidation directions — Passing of property — Equitable lien — Contract for sale of pod buildings — Contract including construction and installation of pods — Part-payment by purchasers — Pods partly constructed — Whether title to partly built pods passed to purchasers or retained by company — Whether purchasers of partly constructed pods having equitable lien in priority to secured creditors — Tiny Town — Whether goods identifiable — Personal Property Securities Act 1999 ss 23(b), 53, 93 and pt 8.

Commercial law — Personal property securities — Priority interests — Purchase money security interests — Contract for sale of pod buildings — Company in liquidation — Part-payment by purchasers — Pods partly constructed — Whether purchasers able to take incomplete pods free of any security interest — Whether title passing to purchasers or retained by company — Personal Property Securities Act 1999 ss 23(b), 53, 93 and pt 8.