Section 239ABN — Companies Act 1993: Charge over perishable property
Text of the provision Official document
239ABN Charge over perishable property (1) This section applies if perishable property of a company in administration is subject to a charge. (2) Nothing in section 239ABC prevents the secured creditor, a receiver, or a person appointed (at any time) as mentioned in paragraph (a), (b), or (d) of the definition of enforce in section 239ABK from enforcing the charge, so far as it is a charge over perishable property. (3) Section 239Z does not apply in relation to a transaction or dealing that affects perishable property of the company and is entered into, as the case may be,— (a) in the exercise of a power of the secured creditor as secured creditor; or (b) in the performance or exercise of a function or power of the receiver or other person. Compare: Corporations Act 2001 (Australia) s 441C Section 239ABN: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →