18 Dec 2007
HOOLE AND ORS V DARBY AND ORS HC AK CIV-2006-404-5235
- Citation
- openlaw-289035e5_e567_4187_8d2c_f22c61df3f94.pdf
- Court
- High Court
The Court found that by his words and conduct Mr Darby intended Barry's present and future receivables to be made available to Hillcrest (and thus to CMFL under the GSA); equity treats that disposition as an effective equitable assignment of all receivables written up to the receivers' appointment (3 August 2006), so Hillcrest is the beneficial owner and receivers are entitled to repayments and original documentation; Mr Darby's contrary claim (that Hillcrest only acquired receivables when it had paid for them) was rejected as unsupported and recently invented.