[LINK] Beechwood homes and IP

[Adam Todd]

Well that's all a load of rot.

At 02:58 19/06/2008, you wrote:
>On Thu, Jun 19, 2008 at 08:21:03AM +1000, Brendan Scott wrote:
> > In theory if they've paid for the plans, then they probably have a
> > licence to use them to build the house to which the plans relate.
>
>nice in theory, but there are numerous counter-examples of people
>ordering and paying for goods from companies which go bankrupt before
>they deliver them who are then unable to get possession of the goods
>they paid for. they're treated as an unsecured creditor and get nothing.

If the assets are in possession of the company in liquidation the 
assets will be delivered to the customer - that reduces the liability 
that the Liquidator has to deal with and by law, possession has 
passed upon payment by the customer.

I the customer hasn't paid in full, then they aren't entitled.    If 
the liquidating business owes money, that is, unless otherwise by 
contact, an unsecured creditors.

I['m not aware of a single case of liquidation where a CUSTOMER has 
paid in full and the items are in the possession of the liquidating 
company and they have been taken by the Liquidators as Assets of the 
company and the customer given status as an unsecured creditor.



>the same is true of people who store their own property at the premises
>of a company that subsequently goes bankrupt - e.g. installing your own
>server at co-location facility. the bankrupt company has posession, so
>it's treated as their property, so can be sold to pay creditors - or
>simply disposed of because it's too much trouble for the receiver to
>bother to return it to the owners.

Well this is totally illegal.  Firstly the Liquidator has no rights 
to possession of the server, it's not the property of the liquidating 
company.  However, of the customer has not paid their bills - a 
possible reason for the co-lo business going bellie up - then he 
liquidator has a legal right under the contracts mostly likely, to 
take possession of your equipment.

>of course, in both cases, your chances of getting your property greatly
>improve if you're a huge corporation with lawyers.

Of course you need only send a request for your possessions to be 
delivered to you within seven days of being notified and should the 
Liquidator fail, or some arrangement not entered into, then you can 
file against the liquidator in the Tribunal for a near instant decision.

NO liquidator is going to do anything stupid enough to allow that to 
happen, although they may seek proof of payment or ownership.