LAW317 Study Guide - Final Guide: Declarant, Contract, Constructive Notice
27 Jul 2018
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The essence of assignment is the transfer of rights: l(cid:455)le & (cid:272)ott (cid:448) (cid:272)ott(cid:859)s t(cid:396)ustees, following a transfer, the original holder no longer has possession of the rights in question. If the original owner is either the trustee or beneficiary, it is not technically an assignment. Assignment can be recognised at common law and equity. Delivery of a deed of conveyance from assignor to assignee: torrens. Registration through certificate of title and signed transfer. Debts and other choses in action: originally legal choses in action not assignable at law. Seen as likely to multiply number of lawsuits brought to the courts: necessity has led equity to recognise assignments of legal choses in action. Based on idea that assignor held right on trust for assignee. Failure of assignor to join is not fatal to claim, though court may join them to the proceedings before final judgment (thomas v national bank australia)
