Tristan Head v Credit Corp [2000] NSWSC 488

Tristan Head v Credit Corp [2000] NSWSC 488

The magistrate was entitled to strike out the defence as it disclosed no reasonable defence in law and there was ample evidence that notice of assignment was properly given; no error of law or mixed fact and law was demonstrated.

Jurisdiction
Australia
Judgment Date
17 May 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['assignment of Debt' 'notice of Assignment' 'summary Judgment' 'striking Out Defence' 'appeals on Summary Judgment']
['civil Procedure' 'debt Recovery'] ['assignment of Debt' 'notice of Assignment' 'summary Judgment' 'striking Out Defence' 'appeals on Summary Judgment']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the magistrate erred in striking out the plaintiff's defence in debt recovery proceedings" 'Whether sufficient notice of assignment of debt was given under the Conveyancing Act 1919' 'Whether the prerequisites for summary judgment were met under Local Court Rules']

Ratio Decidendi

The magistrate was entitled to strike out the defence as it disclosed no reasonable defence in law and there was ample evidence that notice of assignment was properly given; no error of law or mixed fact and law was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • ['Summons and amended summons dismissed' "Plaintiff to pay defendant's costs of these proceedings and the proceedings below"]