Federal Court of Australia
Federal Court of Australia
Langbein v Mottershead Investments Pty Ltd (No 3) [2020] FCA 1790 Appeal from: Mottershead Investments Pty Ltd v Aircraft Support Industries Pty Ltd (in liq) [2019] FCCA 1375
File number: NSD 1157 of 2019
Judgment of: STEWART J
Date of judgment: 14 December 2020
Catchwords: CONTRACTS – where promise or warranty that third-party debtor will pay debt – whether consideration given for warranty – whether partial release from restraint thus allowing for possibility of doing professional work for debtor amounting to consideration – whether warranty assigned – contractual and equitable assignment of chose in action – whether manifest intention to assign
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 18 Heydon JD, Heydon on Contract (Lawbook Co, 2019)
Cases cited: AGC (Advances) Ltd v Commissioner of Taxation (Cth) [1975] HCA 7; 132 CLR 175 Cossill v Strangman [1963] NSWR 1695 Finlan v Eyton Morris Winfield (a firm) [2007] EWHC 914 (Ch); [2007] 4 All ER 143 Hutchens v Deauville Investments Pty Ltd [1986] HCA 85; 68 ALR 367 International Leasing Corp Ltd v Aiken [1967] 2 NSWR 427 Property Builders Pty Ltd v Adelaide Bank Ltd [2011] NSWCA 266; 15 BPR 29,411 Shepherd v Commissioner of Taxation (Cth) [1965] HCA 70; 113 CLR 385
Division: General Division
Registry: New South Wales
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate