| Westpac Banking Corporation v Clark; ex parte Gallop Reserve Pty Ltd (QSC) - contract - applicant was assigned benefit of judgment in bank’s favour - leave granted to commence enforcement proceedings |
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| Summaries With Link (Five Minute Read) |
Westpac Banking Corporation v Clark; ex parte Gallop Reserve Pty Ltd [2015] QSC 353
Supreme Court of Queensland
Martin J
Contract - applicant sought leave to enforce judgment obtained by bank against first defendant in 2011 on basis of deed of transfer between applicant, bank and others - whether deed assigned bank’s rights in judgment to applicant enabling it to obtain leave to commence enforcement proceedings - construction of deed - meaning of “Westpac Debt” - “in connection with” - declaration of intent in recital- held: clause of deed sufficiently wide to capture judgment and assign applicant benefit of judgment - leave granted to commence enforcement proceedings upon discontinuing action against first defendant.
Westpac Banking Corporation
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