Trynor Construction (Newfoundland) Ltd., Re, (1970) 1 Nfld. & P.E.I.R. 254 (NFTD)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 07, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 254 (NFTD)

Trynor Constr. Ltd., Re (1970), 1 Nfld. & P.E.I.R. 254 (NFTD)

MLB headnote and full text

Re Trynor Construction (Newfoundland) Limited

Indexed As: Trynor Construction (Newfoundland) Ltd., Re

Newfoundland Supreme Court

Trial Division

Mifflin, J.

May 7, 1970.

Summary:

Appeal from a decision of Trustee in Bankruptcy that agreement was conditional sale, and was void for want of registration.

Conditional Sales - Topic 22

Definition of conditional sale - The Newfoundland Supreme Court, Trial Division, held that an agreement for lease of machinery with option to purchase is conditional sale within section 2(f)(ii) of Conditional Sales Act and is void for want of registration against the bankrupt estate of the lessee.

Statutes Noticed:

Conditional Sales Act, S.N. 1965, c. 62, sect. 2(f)(ii).

Counsel:

F.W. Woolridge, for the appellant, City Motors (Nfld.) Limited;

James J. Greene, Q.C., for C.L. Johnson, Trustee of the estate of Trynor Construction (Newfoundland) Limited in bankruptcy.