South Australian Current Acts

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15—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 such debt or chose in action, shall be effectual in law (subject to equities having priority over the right of the assignee), to pass and transfer from the date of such notice

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

            (b)         all legal and other remedies for the same; and

            (c)         the power to give a good discharge for the same, without the concurrence of the assignor.

        (2)         However, if the debtor, trustee, or other person liable in respect of such debt or chose in action has notice

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

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

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other chose in action into court, under the provisions of the Trustee Act 1936 .

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