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Sender:
Barry Allan
Date:
Wed, 1 Mar 2000 17:36:00 +1300
Re:
Tracing/following rules

 

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
Massey University


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