Jaeger v Bendigo and Adelaide Bank Ltd [2018] NSWCA 116

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jaeger v Bendigo and Adelaide Bank Ltd [2018] NSWCA 116 Hearing dates: 23 May 2018 Decision date: 31 May 2018 Before: Leeming JA at [1], Payne JA at [50] Sackville AJA at [51] Decision: Appeal dismissed, with costs. Catchwords: APPEAL - points not taken at trial - challenge on appeal to authority of officers signing Sale Notices offering to assign certain loans - whether could have been met by evidence - appellant not permitted to rely on new points on appeal.

EQUITY - assignment of choses in action - distinction between deed permitting sale of loans by issuing Sale Notices and assignment of loan - distinction between assignment and offer to assign. Legislation Cited: Civil Law (Property) Act 2006 (ACT), s 205 Conveyancing Act 1919 (NSW), s 12 Corporations Act 2001 (Cth), s 129 Judicature Act 1873 (UK), s 25 Uniform Civil Procedure Rules 2005 (NSW), r 14.7, 14.26 Cases Cited: Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Henderson v Queensland (2014) 255 CLR 1; [2014] HCA 52 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9; [1963] HCA 21 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Category: Principal judgment Parties: Michael Karl Jaeger (Appellant) Bendigo and Adelaide Bank Ltd (First Respondent) ABL Nominees Pty Ltd (Second Respondent) Representation: Counsel: R D Marshall SC, N Olsen (Appellant) R A Dick SC, A Zahra (Respondents)