Sticky situation

[Oscar]

My perspective on the law; if they were together for more than 2 years and have now separated, then the 'Property (Relationships) Act 1976' has now granted her some interest in the motorcycle. It makes no difference that you started dealing with your mate. It makes no different you had a "contract" with him (even if only verbally) originally.

However it is not for you to decide what that financial interest should be, nor what any property separation agreement should say. So I would sit tight and do nothing until the two parties have sorted it out between themselves. And if she contacts you, you can tell her the same - that she needs to settle her property agreement with her ex before anything is going to happen.

In completing the work on the bike the mechanic has created a Worker's Lien (essentially a common law security interest).
The lien will encumber the entire property where the property is held by the married couple as joint property.

[oldrider]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

You need to get your money back and I would think that would be your primary interest in this situation!

However, that objective will no doubt be influenced by ethic's of the situation according to your own personal standards and common law!

Don't see why you should lose money due to their personal differences either!

A tricky situation, bet you never saw that coming ... good luck!

[p.dath]

In completing the work on the bike the mechanic has created a Worker's Lien (essentially a common law security interest).
The lien will encumber the entire property where the property is held by the married couple as joint property.

Hmm, this is out my my area, but doesn't the PPSR superceed that, effectively making it worthless?

[Oscar]

Hmm, this is out my my area, but doesn't the PPSR superceed that, effectively making it worthless?

McKay v Toll Logistics (NZ) Ltd (HC Auckland CIV-2009-404-7389, 22 June 2010)

The High Court has held that because a contractual lien is a "security interest" under the Personal Property Securities Act 1999 ("PPSA"), it is subject to the same priority rules as other security interests.

http://www.dlapf.com/sites/default/f...ust%202011.pdf

[Padmei]

Yeah but I wanna see pictures of the Root.
In fact for $3500 I'll give ya a root