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PROPERTY LAW ACT 1969 - SECT 20

PROPERTY LAW ACT 1969 - SECT 20

20 .         Assignment of debts and choses in action

        (1)         Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim that debt or chose in action, is effectual in law (subject to equities having priority over the right of the assignee), to pass and transfer from the date of the notice —

            (a)         the legal right to that debt or chose in action;

            (b)         all legal and other remedies for the debt or chose in action; and

            (c)         the power to give a good discharge for the debt or chose in action, without the concurrence of the assignor.

        (2)         Where the debtor, trustee, or other person liable in respect of the debt or chose in action referred to in subsection (1) has notice —

            (a)         that the assignment so referred to is disputed by the assignor, or any person claiming under him; or

            (b)         of any other opposing or conflicting claims, to the debt or chose in action,

                he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the debt or chose in action, or pay the debt or other chose in action into court, under the provisions of the Trustees Act 1962 .

        (3)         For the purposes of this section any debt or other legal chose in action includes a part of any debt or other legal chose in action.