ESTOPPEL - estoppel by deed - in general - plaintiff was the assignee of two loan agreements and a deed of charge acknowledging the receipt of loan moneys by the first defendant from the assignor - whether the defendants were bound by any estoppel from denying receipt of the moneys.
ESTOPPEL - estoppel by deed - in general - whether estoppel by deed is a subset of estoppel by convention.
DEEDS - what amounts to a deed - generally - defendants' execution of two instruments was not attested by a non-party witness - section 38(1) of the Conveyancing Act 1919 (NSW) does not require each and every signature to have been attested by a non-party witness - a party who knowingly takes the benefit of a deed may be bound by it even without execution of it.
DEEDS - other matters - enforceability of receipt clause - plaintiff took assignment of lender's rights under the deeds without notice of any deficiency in amounts paid to borrower compared with amounts acknowledged as having been received - whether plaintiff was entitled to a judgment in debt in the sum of the amounts acknowledged as having been received
Case Details
Citation[2013] NSWSC 97
CourtNSWSC
JurisdictionNew South Wales
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