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Re Brumark Investments Ltd
''Re Brumark Investments Ltd'' () (UKPC 28 ) is a New Zealand and UK insolvency law case, concerning the taking of a security interest over a company's assets and priority of creditors in a company winding up.
==Facts==
Brumark Investments Ltd gave security over debts to its bank, Westpac. The terms were that its security was a fixed charge, but a floating charge when proceeds were collected (the same as drafted as in ''Re New Bullas Trading Ltd''〔() 1 BCLC 485〕). Brumark was free to collect debts for its own account and to use proceeds in its business. Brumark went into receivership. The receivers collected the outstanding debts.
Fisher J held that uncollected debts were subject to a fixed charge, as the parties had agreed. So they were not subject to claims of preferential creditors. The NZ Court of Appeal overturned this and held that the fact Brumark could collect the debts for its own account (and hence remove them from the bank's security) made it a floating charge. So the preferential creditors had a prior claim.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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