Northern Territory Consolidated Acts

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LAW OF PROPERTY ACT 2000 - SECT 182

Assignment of thing in action

    (1)     An absolute assignment of a debt or other legal thing in action, whether made before or after the commencement of this Act:

        (a)     that is by writing under the hand of the assignor;

        (b)     that does not purport to be by way of charge only; and

        (c)     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 claim the debt or other thing in action,

is, subject to any equities having priority over the right of the assignee, effectual to pass and transfer from the date of that notice:

        (d)     the legal right to that debt or other thing in action;

        (e)     all legal and other remedies for the debt or other thing in action; and

        (f)     the power to give a good discharge for the debt or other thing in action without the concurrence of the assignor.

    (2)     If the debtor, trustee or other person liable in respect of the debt or other thing in action has notice:

        (a)     that the assignment is disputed by the assignor or any person claiming under him or her; or

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

he or she may either call on the person disputing the assignment or making an opposing or conflicting claim to interplead concerning the dispute or claim or to pay the debt or other thing in action into court under and in conformity with the provisions of the law relating to relief of trustees.



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