Section 51 — Property Law Act 2007: Further consequences of assignment of thing in action
Text of the provision Official document
51 Further consequences of assignment of thing in action (1) This section applies to a thing in action assigned in accordance with section 50(1) or in equity. (2) Payment of all or part of the debt to the assignor by a debtor who does not have actual notice of the assignment discharges the debtor to the extent of the payment. (3) The debt owing by a debtor who has actual notice of the assignment is payable to the assignee. (4) However, the debt is payable to another assignee if,— (a) before discharge, the debtor receives actual notice of the assignment of the same thing in action to the other assignee; and (b) the rights of the other assignee in relation to the thing in action have priority over the rights of the first assignee. (5) A debtor may interplead in any proceeding brought against the debtor for the payment of the debt, or apply to a court for an order determining the entitlement to any right in relation to a thing in action, if the debtor has actual notice— (a) that an assignment of the thing in action is disputed by the assignee or anyone claiming under the assignor; or (b) that there are other opposing or conflicting claims in relation to the thing in action. Compare: 1952 No 51 s 130
Official source: legislation.govt.nz
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