QLDIn ForceAct
Property Law Act 2023
sec.190Assignment of debt or legal thing in action
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### sec.190 Assignment of debt or legal thing in action
The absolute assignment in writing of a debt or legal thing in action, signed by the assignor, passes to the assignee—
all the rights of the assignor in relation to the debt or thing in action; and
all the remedies of the assignor in relation to the debt or thing in action; and
a power to give a good discharge to the debtor, trustee or other person liable for the debt or thing in action without the agreement of the assignor.
However, subsection (1) applies only if the debtor, trustee or other person liable for the debt or thing in action is given actual notice of the assignment.
Also, an assignment under subsection (1) is subject to equities in relation to the debt or thing in action that—
arose before the debtor, trustee or other person liable for the debt or thing in action was given notice of the assignment; and
would, but for the assignment, have had priority over the rights of the assignor.
(sec.190-ssec.1) The absolute assignment in writing of a debt or legal thing in action, signed by the assignor, passes to the assignee— all the rights of the assignor in relation to the debt or thing in action; and all the remedies of the assignor in relation to the debt or thing in action; and a power to give a good discharge to the debtor, trustee or other person liable for the debt or thing in action without the agreement of the assignor.
(sec.190-ssec.2) However, subsection (1) applies only if the debtor, trustee or other person liable for the debt or thing in action is given actual notice of the assignment.
(sec.190-ssec.3) Also, an assignment under subsection (1) is subject to equities in relation to the debt or thing in action that— arose before the debtor, trustee or other person liable for the debt or thing in action was given notice of the assignment; and would, but for the assignment, have had priority over the rights of the assignor.
- (a) all the rights of the assignor in relation to the debt or thing in action; and
- (b) all the remedies of the assignor in relation to the debt or thing in action; and
- (c) a power to give a good discharge to the debtor, trustee or other person liable for the debt or thing in action without the agreement of the assignor.
- (a) arose before the debtor, trustee or other person liable for the debt or thing in action was given notice of the assignment; and
- (b) would, but for the assignment, have had priority over the rights of the assignor.