Court of Appeal (Qld)|2003-05-09|Before: McPherson and Jerrard JJA, Muir JSeparate reasons, for judgment of each member of the Court, each concurring as to the order, made
McPherson and Jerrard JJA, Muir JSeparate reasons, for judgment of each member of the Court, each concurring as to the order, made
Catchwords
CONTRACT – GENERAL CONTRACUTUAL PRINCIPLES – PARTIES –
RIGHTS AND LIABILITIES OF THIRD PARTIES – where deed
of assignment and
notice of assignment of a franchise agreement and a business were entered into
Source
Original judgment source is linked above.
Catchwords
CONTRACT – GENERAL CONTRACUTUAL PRINCIPLES – PARTIES –RIGHTS AND LIABILITIES OF THIRD PARTIES – where deedof assignment andnotice of assignment of a franchise agreement and a business were entered into– whether the deed of assignmenteffected an assignment of interests indebts and estopped a claim against the appellants for monies owed or gave riseto an indemnityagainst money allegedly owed CONTRACT – DISCHARGE,BREACH AND DEFENCES TO ACTION FOR BREACH – where monies were allegedlyowing by the appellants undera franchise agreement – whether moniesclaimed amounted to book debts – whether the deed of assignment or noticeof assignmentassigned an interest in a guaranteeProperty Law Act1974 (Qld), s 199Trade Practices Act 1974 (Cth), s 51A, s52Antaios Compania Naviera SA v Salen Rederierna AB [1985] AC191, consideredCharter Reinsurance Co Ltd v Fagan (in liq) [1997] AC313, consideredCoast Securities No 9 Pty Ltd v Alabac Pty Ltd [1984]
2 Qd R 25, consideredCodelfa Construction Pty Ltd v State Rail
Authority of NSW [1982] 149 CLR 337, appliedFlight v Bentley
(1835) 7 Sim 149, consideredHart v Barnes [1983] VicRp 111
[1983] 2 VR 517,
consideredHutchens v Deauville Investments Pty Ltd [1986] HCA 85
(1986) 61 ALJR 65,
considered Independent Automatic Sales Ltd v Knowles and Foster
(1962) 1 WLR 974, consideredInvestors Compensation Scheme Ltd v West
Bromwich Building Society [1997] UKHL 28
[1998] 1 WLR 896, consideredLegione v
Hateley [1983] HCA 11
(1983) 152 CLR 406, appliedLondon County Ltd v Wilfred
Ltd v Withers (1988) 5 ANZ Ins Cases 60-853, consideredRe King
deceased [1963] Ch 459, consideredRe Rex Developments Pty Ltd (in
liq) (1994) 13 ACSR 485, appliedShepherd v Federal Commissioner of
Taxation [1965] HCA 70
(1965) 113 CLR 385, consideredSola Basic Australia Ltd v
Morganite Ceramic Fibres Pty Ltd (NSWCA 11 May 1989, unreported),
consideredVan Lynn Developments Ltd v Pelias Constructions Co Ltd
[1969] QB 607, consideredWickman Machine Tool Sales Ltd v L Schuler AG
[1973] UKHL 2
[1974] AC 235, considered
Young v Queensland Trustees Ltd [1956] HCA 51
(1956) 99 CLR 560, applied
Judgment (21 paragraphs)
[1]
CONTRACT - GENERAL CONTRACUTUAL PRINCIPLES - PARTIES - RIGHTS AND LIABILITIES OF THIRD PARTIES - where deed of assignment and notice of assignment of a franchise agreement and a business were entered into - whether the deed of assignment effected an assignment of interests in debts and estopped a claim against the appellants for monies owed or gave rise to an indemnity against money allegedly owed
[2]
CONTRACT - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - where monies were allegedly owing by the appellants under a franchise agreement - whether monies claimed amounted to book debts - whether the deed of assignment or notice of assignment assigned an interest in a guarantee