APPROPRIATION - Circumstances in which appropriation of payment to discharge debt ought to be found - Relationship between debtor and creditor - Communication of intention to appropriate payment - Appropriation once made is irreversible
CONTRACT - Whether contract made to alter appropriation can be considered valid and binding - Whether appropriation once made can be reversed through contractual negotiations - Consideration required to reverse effect of previously discharged debt through contract - Requirement of additional terms in contract providing fresh consideration for reversal of previously discharged debt
Case Details
Citation[2011] NSWSC 464
CourtNSWSC
JurisdictionNew South Wales
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