Re Goldcorp Exchange Ltd

Customers who bought unallocated gold from a bulk had no proprietary interest in it, because the gold they had bought had never been identified.

Citation
[1995] 1 AC 74
Court
Privy Council
Year
1995
Subject
Equity and Trusts
Topic
Certainty of intention and subject matter

Facts

Goldcorp, a dealer in precious metals in New Zealand, sold gold and other metals to customers on the basis that it would store the metal for them, and that they could ask for delivery at any time. Customers were given certificates of ownership, but the metal was not separated from Goldcorp's general stock, and the company did not keep enough stock to meet all its customers' claims. When the company became insolvent, the customers claimed that they had a proprietary interest in the stock, in priority to the company's secured creditor, a bank.

Legal principle

The Privy Council held that the customers had no proprietary interest in the stock, because the gold they had bought had never been ascertained. Lord Mustill said that a contract for the sale of unascertained goods could not pass title until the goods were identified, and that the customers could not have a beneficial interest under a trust because it was impossible to say which gold was held for which customer. The customers were unsecured creditors. One group of customers, whose metal had been set aside and identified, was entitled to it.

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