Van Lynn Developments Ltd v Pelias Construction Co Ltd

by Candor Mon Oct 09, 2017 9:25 am

Take note, this is a much broader and up to date view of this often cited piece of appellant case precedent, extra case links.

http://www.justcite.com/Document/f7jsrUrxA0LxsKjIo2uJn0qtmSiIs1jxAZrwAJrxAV5wsKjIoW0ha/van-lynn-developments-ltd-v-pelias-construction-co-ltd-formerly

by Waffle Tue Oct 10, 2017 8:32 pm

What I'm getting from this case law is the debtor is entitled to see the documents of title details of assignment if there is doubt the assignee can give you good discharge, it would also be beneficial if one could place doubt on the amount owed, thus pushing the assignee into proving with evidence.

In relation to the LoP s136 assignment it states that a debtor, trustee or other person liable may (must) pay the debt into court in accordance with the trustees act 1925.

We would also want to make sure the notice has been sufficiently served by a registered postal service I.e the post offine under a recorded or special delivery.

I am yet to find anything else in statute governing assignments, going by the reference to trust law within the trustees act I'd suggest that assignments are actually ruled by equity, although lyns case law supports a method for pushing an assigned into providing proof of assignment, I believe there are stronger cases in equity.

The assignee becomes the legal owner of the thing, that's rights title and interest, according to recent letters they believe that the benefit devolves on them, however s136 suggest otherwise and the thing should be paid into court, not to the legal owner, although it says they have a right to the debt it appears it should be paid into court.

One frame of mind to be in is the fact that we are the creditors, we credited the creditors by assigning the property to them, we give them legal title, the corporation and we the beneficiaries are falling into this trap as trustee for the estate. If we can frame our mind that we are the creditors the lyns case would provide substantial backing when pushing the plaintiff for proof of the debt. But now we are also getting into the realms of bankers books as evidence!

by Jinxer Tue Oct 10, 2017 9:46 pm

Whether it's called a deed of assignment or a sales agreement I doubt they can produce either.

by Waffle Tue Oct 10, 2017 9:52 pm

Then they shouldn't have a case

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Van Lynn Developments Ltd v Pelias Construction Co Ltd

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