1. A HOARY CHESTNUT RESURRECTED: THE MEANING OF 'ORDINARY COURSE OF BUSINESS' IN SECURED TRANSACTIONS LAW.
- Author
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GEDYE, MIKE
- Subjects
- *
COLLATERAL security , *PERSONAL property , *SECURITIES , *COURTS - Abstract
The purpose of this article is to provide some guidance to practitioners and the judiciary in both Australia and New Zealand on the vital question: when is a sale in the 'ordinary course of business' for the purposes of the Personal Property Securities Acts of Australia and New Zealand? It is not uncommon for the courts to say that in any given case this is a question of fact. But, while not denying the importance of the particular factual circumstances in issue, the author seeks to demonstrate that the analysis will be facilitated by adopting a structured approach that initially recognises the primacy of security interests and that follows sound legal principles developed by the North American courts. Differences between the Australian and New Zealand legislative provisions are analysed to determine whether they lead to different outcomes on either side of the Tasman. [ABSTRACT FROM AUTHOR]
- Published
- 2013