Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHEQUES ACT 1986 - SECT 86

Effect of discharge of indorser

  (1)   Subject to subsection   ( 2), where an indorser is discharged under subsection   83(1) or (2), all rights on the cheque against the indorser are extinguished.

  (2)   Where:

  (a)   an indorser is discharged:

  (i)   by virtue of paragraph   83(1)(a) by the renunciation of the holder's rights against the indorser; or

  (ii)   under subsection   83(2) by the renunciation of the holder's rights against an indorser against whom the first - mentioned indorser would have had a right of recourse; and

  (b)   a person takes the cheque without notice of the renunciation;

the person may enforce payment of the cheque as if the first - mentioned indorser had not been discharged.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback