QLDIn ForceAct
Property Law Act 2023
sec.191Discharge of debt or legal thing in action when no actual notice of assignment
Start here
Get a plain-English read of sec.191
Turn the raw legal text into a practical explanation grounded in Property Law Act 2023.
### sec.191 Discharge of debt or legal thing in action when no actual notice of assignment
This section applies if a debt or legal thing in action is assigned under section 190 or in equity.
If the debtor, trustee or other person liable for the debt or thing in action has actual notice of the assignment, the debt or legal thing in action is payable to the assignee.
If the debtor, trustee or other person liable for the debt or thing in action does not have actual notice of the assignment, and that person pays all or part of the debt or legal thing in action to the assignor, the payment discharges that person to the extent of the payment.
A debtor, trustee or other person liable for a debt or thing in action may interplead in any proceeding brought against that person for the payment of the debt or legal thing in action, or may apply to a court for an order determining the entitlement to any right in relation to the debt or thing in action, if that person has actual notice—
that an assignment of the debt or thing in action is disputed by the assignee or anyone claiming under the assignor; or
that there are other opposing or conflicting claims in relation to the debt or thing in action.
(sec.191-ssec.1) This section applies if a debt or legal thing in action is assigned under section 190 or in equity.
(sec.191-ssec.2) If the debtor, trustee or other person liable for the debt or thing in action has actual notice of the assignment, the debt or legal thing in action is payable to the assignee.
(sec.191-ssec.3) If the debtor, trustee or other person liable for the debt or thing in action does not have actual notice of the assignment, and that person pays all or part of the debt or legal thing in action to the assignor, the payment discharges that person to the extent of the payment.
(sec.191-ssec.6) A debtor, trustee or other person liable for a debt or thing in action may interplead in any proceeding brought against that person for the payment of the debt or legal thing in action, or may apply to a court for an order determining the entitlement to any right in relation to the debt or thing in action, if that person has actual notice— that an assignment of the debt or thing in action is disputed by the assignee or anyone claiming under the assignor; or that there are other opposing or conflicting claims in relation to the debt or thing in action.
- (a) that an assignment of the debt or thing in action is disputed by the assignee or anyone claiming under the assignor; or
- (b) that there are other opposing or conflicting claims in relation to the debt or thing in action.