Murdaca v Accounts Control Management Services Pty Limited [2006] NSWSC 68

Murdaca v Accounts Control Management Services Pty Limited [2006] NSWSC 68

The grounds of appeal concerning assignment and notice were not placed in issue in the Local Court and cannot be raised on appeal; the construction of clause 12.4 does not extinguish further liability after sale of the mortgaged property; appeal dismissed.

Jurisdiction
Australia
Judgment Date
24 February 2006
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['assignment of Debt' 'appeal From Local Court' 'rehearing Entitlement' 'interpretation of Loan Contract']
['contract Law' 'civil Procedure'] ['assignment of Debt' 'appeal From Local Court' 'rehearing Entitlement' 'interpretation of Loan Contract']

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Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether there was evidence and notice of assignment of debt to the defendant' 'Proper construction of clause 12.4 of the loan agreement']

Ratio Decidendi

The grounds of appeal concerning assignment and notice were not placed in issue in the Local Court and cannot be raised on appeal; the construction of clause 12.4 does not extinguish further liability after sale of the mortgaged property; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The summons is dismissed' 'The plaintiff is to pay the costs of the summons']