In the matter of Idoport Pty Ltd ACN 075 318 106; In the matter of Idoport Pty Ltd (In Liq) (Receivers Appointed)

[2012] NSWSC 524

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACT - extension of charge over contractual rights - where contract required consent of other party - whether consent necessary for charging of rights - legal principles the same as for assignment of contractual rights - held consent necessary.
1. CONTRACT - whether assignee obtains assigned rights "subject to all equities" - meaning of "equities" - whether concept includes barring order and undertaking to the court.
1. EVIDENCE - onus of proof - who bears onus of proving consent was withheld unreasonably - where plaintiff initiated proceedings seeking declaration that extension of charge was invalid - held onus is on the party asserting consent unreasonably withheld.
1. EVIDENCE - hearsay - whether emails and letters discussing reasons for refusing consent inadmissible as hearsay - held admissible.