Auto Panel Beaters Radiators Pty Ltd v Chantal J Hilderbrant [2004] NSWLC 6

Auto Panel Beaters Radiators Pty Ltd v Chantal J Hilderbrant [2004] NSWLC 6

The plaintiff repairer had no genuine commercial interest in the damaged vehicle or in the assignor's business affairs that the assignment might protect; its interest was only a general commercial interest in obtaining repair work and recovering repair costs. The purported assignment of the owner's negligence claim was therefore an impermissible assignment of a bare tort claim and did not disclose a cause of action by the plaintiff against the defendant.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Civil Claim Arising From Alleged Motor Vehicle Negligence and Assigned Repair Costs / Notice of Motion in the Motions List Seeking Dismissal for Failure to Disclose a Cause of Action
Outcome
Assignment to the plaintiff of the tort of negligence was not effective and the plaintiff's proceedings should be dismissed.
Legal Topics
['assignability of Chose in Action' 'assignment of Tort Claim' 'negligence' 'bare Right to Litigate' 'maintenance and Champerty' 'genuine Commercial Interest']
['civil Procedure' 'torts' 'equity'] ['assignability of Chose in Action' 'assignment of Tort Claim' 'negligence' 'bare Right to Litigate' 'maintenance and Champerty' 'genuine Commercial Interest']

Case Brief

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Procedural Posture

Civil Claim Arising From Alleged Motor Vehicle Negligence and Assigned Repair Costs / Notice of Motion in the Motions List Seeking Dismissal for Failure to Disclose a Cause of Action

Legal Issues

  1. 1 ['Whether a right to sue in tort for negligence is assignable to a motor vehicle repairer.' "Whether the plaintiff's purported assignment from the vehicle owner disclosed a cause of action against the defendant." 'Whether the plaintiff had a genuine commercial interest sufficient to satisfy the Trendtex test.']

Ratio Decidendi

The plaintiff repairer had no genuine commercial interest in the damaged vehicle or in the assignor's business affairs that the assignment might protect; its interest was only a general commercial interest in obtaining repair work and recovering repair costs. The purported assignment of the owner's negligence claim was therefore an impermissible assignment of a bare tort claim and did not disclose a cause of action by the plaintiff against the defendant.

Court Disposition

Assignment to the plaintiff of the tort of negligence was not effective and the plaintiff's proceedings should be dismissed.

Orders

  • ['Assignment to the plaintiff of the tort of negligence was not effective, and the proceedings by the plaintiff should be dismissed.' 'The parties are to be heard as to the appropriate orders and on the question of costs.']