Westpac v Clark [2015] QSC 353

The bank obtained judgment against a borrower and then assigned it and the transferee sought leave from the court to enforce the judgment. The borrower argued that the cause of action had merged in the judgment and there was no other amount owing and the deed assigned nothing.

The court held the transferee got everything by the terms of the deed which assigned all of the bank’s full, absolute, entire legal and beneficial interest, right and title in and to all present and future money owing by the borrower to the bank. The court held the deed sufficiently wide to capture the judgment notwithstanding that it did not specifically refer to it.

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