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Whenuapai Joinery (1988) Ltd v Trust Bank Central Ltd - [1994] 1 NZLR 406

$30.00

Court of Appeal Wellington
10 March; 3 September; 13 October 1993
Casey, Gault and Tipping JJ
Contract — Sale of goods — Romalpa clause — Conditions of sale of joinery stipulating that title and ownership not to pass until contract price and all other moneys payable had been paid in full — Joinery installed in house over which bank had mortgage — Supplier unpaid when bank's rights under mortgage arose — Supplier entered and took possession of joinery — Bank claimed Romalpa clause a charge and that its charge had higher priority — Bank brought actions for conversion and detinue — Whether mortgage prevailed, and bank entitled to return of joinery.

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