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Re Goldcorp Exchange Ltd
''Re Goldcorp Exchange Ltd'' () (UKPC 3 ) is an English trusts law case (a Privy Council decision on appeal from the Court of Appeal of New Zealand), concerning tracing.
==Facts==
Goldcorp Exchange Ltd had a business of holding gold reserves in coins and ingots for customers wishing to invest in gold. Some gold was held for customers, but the levels varied from time to time. The company's employees also told customers that the company would maintain a separate and sufficient stock of each type of bullion to meet their demands, but in fact it did not. The Bank of New Zealand on 11 July 1988, being owed money by Goldcorp Exchange Ltd, petitioned for the business to be wound up. It transpired that Goldcorp had not held anywhere near enough money for the members of the public, around 1000 people, who had supposedly bought gold with it, even though in their contracts they were entitled to delivery of the gold (in 7 days, for a fee) if they wished. The company also lacked enough assets to satisfy the debts to the bank. The members of the public alleged that the gold that remained in stock was entrusted to them. The bank argued that because the gold stocks had never been isolated, it did not, that all the gold customers were unsecured creditors and that its security interest (a floating charge) took priority. Jonathan Sumption QC represented the bank.
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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