A master purchase agreement providing for automatic transfer of rights upon payment of a residual amount is an executory agreement to assign, not an absolute assignment in writing for the purposes of s 134 of the Property Law Act 1958 (Vic). Payment of the residual amount gives rise to an equitable assignment only, requiring joinder of the assignor. An assignee who has not given notice of assignment to the debtor before commencing proceedings, and who has been on notice throughout that its standing is disputed, may be refused leave to amend its procedural position on appeal.
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