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RDG
online Restitution Discussion Group Archives |
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Greetings, colleagues
I have a question to which I "know" the answer yet have not seen it articulated
which possibly means it is just too obvious. I am currently writing a
text on New Zealand's Personal Property Securities Act which, being based
on the Canadian legislation, allows for tracing/following of proceeds
of sale of collateral. I've read the standard texts/cases on following
and tracing and am aware of the limits posed by mixed funds.
The particular situation I wish to address is one which is common following
a corporate failure: a single bank account through which there are voluminous
transactions and all sorts of unpaid vendors of products which have been
onsold trying to unravel the bank account and recover the proceeds of
their individual sales. It seems self evident to me that even if there
was a bank account with a credit balance, this process would be simply
too difficult. I can analyse it through in terms of principle, but it
would be nice to be able to refer to authority on point.
Can anyone assist?
Thanks
Barry Allan <== Previous message Back to index Next message ==> |
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