Zurich Australian Insurance Ltd v Ross Goodridge [2014] NSWLC 20

Zurich Australian Insurance Ltd v Ross Goodridge [2014] NSWLC 20

The claim against Zurich arises from a statutory cause of action under the Cheques Act for a liquidated debt, not for income. Accordingly, the chose in action vested in the trustee in bankruptcy, and Mr Goodridge had no standing to sue. The default judgment should be set aside and the statement of claim dismissed.

Jurisdiction
Australia
Judgment Date
10 December 2014
Procedural Posture
Notice of Motion / Application to Set Aside Default Judgment
Outcome
Notice of motion granted; default judgment set aside; statement of claim dismissed; costs awarded.
Legal Topics
['default Judgment' 'standing' 'vesting of Property in Trustee' 'measure of Damages on Dishonour of Cheque' 'definition of Income' 'dismissal of Statement of Claim']
['bankruptcy Law' 'civil Procedure' 'cheques Law'] ['default Judgment' 'standing' 'vesting of Property in Trustee' 'measure of Damages on Dishonour of Cheque' 'definition of Income' 'dismissal of Statement of Claim']

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Procedural Posture

Notice of Motion / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether default judgment should be set aside under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the cause of action vested in the trustee in bankruptcy, depriving the respondent of standing' "Whether the claimed sum constituted 'income' within the meaning of s 139L Bankruptcy Act 1966 (Cth)"]

Ratio Decidendi

The claim against Zurich arises from a statutory cause of action under the Cheques Act for a liquidated debt, not for income. Accordingly, the chose in action vested in the trustee in bankruptcy, and Mr Goodridge had no standing to sue. The default judgment should be set aside and the statement of claim dismissed.

Court Disposition

Notice of motion granted; default judgment set aside; statement of claim dismissed; costs awarded.

Orders

  • ['Default judgment entered on 26 November 2012 set aside pursuant to r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Statement of claim dismissed pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Respondent to pay costs of $348 within 28 days']