This authoritative work focuses on providing an understanding of the PPSA that can be applied to real world situations as practitioners encounter them in practice.
This fourth edition includes commentary and references to salient New Zealand case law, in addition to commentary and references to relevant Canadian case law that has arisen since the last edition. Reference to equivalent Australian legislation is also included for comparative purposes and to the extent it contributes to the discussion on issues arising in New Zealand.
Chapter 1: Introduction
Chapter 2: What is a “security interest”?
Chapter 3: Deemed security interests
Chapter 4: Non-application of the PPSA
Chapter 5: Categories of Collateral
Chapter 6: The Personal Property Securities Register
Chapter 7: A Word about Title
Chapter 8: Attachment
Chapter 9: Perfection
Chapter 10: Security Agreements
Chapter 11: Knowledge under the PPSA
Chapter 12: Parties under the PPSA
Chapter 13: Priority between Securities Interests
Chapter 14: Priority Between Security Interests and Other Interests
Chapter 15: After-acquired Property
Chapter 16: Future Advances
Chapter 17: Purchase Money Security Interests
Chapter 18: Proceeds
Chapter 19: Subordination Agreements
Chapter 20: Collateral Descriptions and Proceeds Descriptions
Chapter 21: Romalpa Clauses
Chapter 22: The Demise of the Floating Charge
Chapter 23: The “Ordinary Course of Business” of the Seller/Lessor
Chapter 24: Seriously Misleading Financial Statements
Chapter 25: Accounts Receivable Financing
Chapter 26: Chattel Paper Financing
Chapter 27: Set-off under the PPSA
Chapter 28: Security Interests in Investment Securities, Negotiable Instruments and Documents of Title
Chapter 29: Guarantees under the PPSA
Chapter 30: Insolvency Issues under the PPSA
Chapter 31: Conflict of Laws
Chapter 32: Enforcement provisions
Linda Widdup is a lecturer in property law at Curtin Law School and also practices law as a consultant in the commercial law area. Linda is admitted as a barrister and solicitor of the Supreme Court of Western Australia, the High Court of New Zealand and the Law Society of Saskatchewan, Canada and has spent several years in private practice in all three jurisdictions. Her practice focused on commercial law and, in particular, commercial lending, restructuring and insolvency and commercial contract work for significant clients in the financial services, mining and agribusiness sectors. Linda's current practice focuses on providing specialist advice on the Personal Property Securities Act. She developed her PPSA expertise in Canada where the legislation has been in force for over 20 years by advising on a wide variety of commercial transactions. In New Zealand and Australia, Linda practised in the banking and finance teams of major law firms where she assisted the firms and their commercial clients on all manner of issues arising in the transition to the PPSA.
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