Please allow me to attempt an answer. In the absence of consideration from D or E for the assignment, the outcome turns on whether we can say that B has done everything in B’s power to effectuate the (legal) assignment (Re Rose). Since signed writing by the assignor (or agent) is necessary for that, the answer should ordinarily be in the negative; however, a court predisposed to follow the difficult decision in Pennington v Waine may nevertheless be inclined to perfect the equitable assignment if it thought that it would have been “unconscionable” in the circumstances for B to have changed her mind. 

Yours

Ying 



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Colleagues,

Something tells me that I maybe should know the answer to this question, but I am not sure that I do, so I would welcome suggestions on this. Add to any reply that the answer is obvious and I should know!

A, (eg a solicitor) has a general power of attorney from B. C owes B $500. B wants to assign the debt to D to hold on trust for E and instructs A to prepare the necessary documents. A does so and advises B of the fact. For whatever reason B tells A to sign the documents pursuant to the power of attorney (alternative scenario, B gives written instructions to that effect). B dies before A signs the documents.

Although the debt has not been assigned at law, has it been assigned in equity? 

Thanks,

Peter

Professor Peter Radan,

Honorary Professor, Macquarie University

Fellow of the Australian Academy of Law

BA, LLB, PhD (Syd), Dip Ed (Syd CAE)

Macquarie Law School  

6 First Walk,  

Macquarie University, NSW, 2109

Australia

Email: peter.radan@mq.edu.au

Blog: https://www.allaboutnothing.info