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Statutory Material Cited
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Gray v O'Donnell
[2009] NSWSC 259
Citation 1
…Treatment of Repayments 145 It is for the defendants to prove that any debt had been satisfied by way of repayment.[27] [27] Gray v O’Donnell [2009] NSWSC 259 at 14 146 In terms of the alleged repayments the evidence adduced to support such repayments was generally the ledger which attributed the repayments to the…
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Federal Commissioner of Taxation v Orica Ltd
[1998] HCA 33
Citation 2
…“transfer” of both liabilities and assets could occur since liabilities to pay debts are not assignable.[16] [16] Federal Commissioner of Taxation v Orica Ltd (1998) 194 CLR 500 at [19] per Brennan CJ and [67]- [68] per Gaudron, McHugh, Kirby and Hayne JJ 99 In terms of the assets, including this chose in action, there was no documentation to show a…
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Corin v Patton
[1990] HCA 12
Citation 3
…8] Mount Cope appears to have taken no such steps at all in this case. [18] Corin & Anor v Patton (1990) 169 CLR 540 at 559 per Mason CJ and McHugh J; see also at 564 per Brennan J; at 582 per Deane J and at 589 per Toohey J 106 In the absence of any writing evincing a clear intention to transfer the chose in action,…
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Jones v Dunkel
[1959] HCA 8
Citation 4
…might have to say on the subject would not have assisted the Baxters.[14] [14] Jones v Dunkell (1959) 101 CLR 298 84 I accept that it appears likely that something was advanced by some family entity to assist the purchase of Erica Avenue. This is consistent with the subsequent repayments and Mr Darren Baxter’s own a…
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Comptroller of Stamps (Vic) v Howard-Smith
[1936] HCA 12
Citation 5
…it became the property of the assignee.[17] [17] Comptroller of Stamps (Victoria) v Howard-Smith (1936) 54 CLR 614 at 619-20 & 622 103 There is nothing to suggest such an intention on the part of Mount Cope at the time . 104 In the case of an equitable assignment, the legal interest in the chose in action would als…
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Corin & Anor v Patton
[1989] HCATrans 197
Citation 6
…sfer of legal title,[18] Mount Cope appears to have taken no such steps at all in this case. [18] Corin & Anor v Patton (1990) 169 CLR 540 at 559 per Mason CJ and McHugh J; see also at 564 per Brennan J; at 582 per Deane J and at 589 per Toohey J 106 In the absence of any writing evincing a clear intention to transfer the chos…
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VL Finance Pty Ltd v Legudi
[2003] VSC 57
Citation 7
…conduct and sufficiently evidenced by book entry.[13] [13] VL Finance Pty Ltd v Francesco Legudi & Anthony Legudi [2003] VSC 57 at para 30 79 However, in the light of the cross-examination described above I cannot be satisfied that Mr Baxter would have accurately recorded an amount of a loan given by the Baxters…