Re Interview Ltd

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 07 March 1975
• Docket Number: [1973 No. 150 Sp.]
• Date: 07 March 1975

(H.C.)

In re Interview Ltd

Equitable assignment -Goods in company's possession - Goods sold to company under contract reserving property to seller - Whether goods captured by debenture -Assignment of company's chose in action not registered - Debenture registered - Factors Act, 1889 (52 53 Vict., c. 45), ss. 2, 9 - Sale of Goods Act, 1893 (56 57 Vict. c. 71), s. 25 -Companies Act, 1963 (No. 33), s. 99.

An Irish company, EII, agreed with a German company, AEG, to import AEG goods under a contract governed by German law; by that contract AEG reserved to itself the property in the goods until payment for them had been completed, and EII agreed to assign to AEG any claims that EII might acquire against persons to whom EII sold AEG goods. Subsequently, it was arranged that another Irish company, Interview Ltd., should acquire from EII its stock of AEG goods, and that Interview should be supplied directly by AEG with its goods upon the same conditions as applied to the supply of AEG goods to EII. Possession of the AEG goods...