THE BURWOOD LAND, BUILDING, AND INVESTMENT CO. LIMITED v. BERRIDGE

19 VLR 630·HOLROYD, J., MADDEN, C.J., HOLROYD and HODGES, JJ.
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19 VLR 630
19 VLR 630
THE BURWOOD LAND, BUILDING, AND INVESTMENT CO. LIMITED v. BERRIDGE Supreme Court of Victoria (Full Court) HOLROYD, J., MADDEN, C.J., HOLROYD and HODGES, JJ. February 2, 22, 1893, 22 May 1893 Assignment of chose in action — Notice of assignment — Supreme Court Act 1890 (No. 1142), s. 63, sub-sec. 6 — Companies Act 1890 (No. 1074), Part III., ss. 334, 338 and 361 — Company — Life assurance business — Registration of company — Sale of land — Condition effecting life assurance .

Notwithstanding sub-sec. 6 of sec. 63 of the Supreme Court Act 1890, the assignee of a contract for the sale of land is entitled to sue the purchaser without having given him notice of the assignment, provided that he joins the vendor as plaintiff if the vendor is willing to be joined, or makes him a defendant if he refuses to be joined.

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