AG-Exports & Anor v EFIC [2002] NSWSC 467

AG-Exports & Anor v EFIC [2002] NSWSC 467

The plaintiffs lacked standing to sue as the policy had been assigned, and in the case of the second plaintiff, actionable rights vested in the trustee in bankruptcy. The breach of contract claim was statute barred. The elements of deceit were not adequately pleaded as to resulting actionable damage, thus all claims...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2002
Procedural Posture
Summary Judgment / Motion to Strike Out Further Amended Statement of Claim
Outcome
Plaintiffs' further amended statement of claim dismissed. Plaintiffs to pay defendant's costs.
Legal Topics
['standing' 'breach of Contract' 'deceit' 'statute of Limitations' 'assignment of Insurance Policies' 'bankruptcy and Property' 'security for Costs']
['contract Law' 'tort Law' 'bankruptcy Law' 'civil Procedure'] ['standing' 'breach of Contract' 'deceit' 'statute of Limitations' 'assignment of Insurance Policies' 'bankruptcy and Property' 'security for Costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Summary Judgment / Motion to Strike Out Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiffs have standing to sue under the insurance policy' 'Whether the claims for breach of contract and deceit can be maintained' 'Whether the breach of contract claim is statute barred' 'Whether the second plaintiff’s claims survive bankruptcy' 'Whether the requisite elements for deceit have been properly pleaded']

Ratio Decidendi

The plaintiffs lacked standing to sue as the policy had been assigned, and in the case of the second plaintiff, actionable rights vested in the trustee in bankruptcy. The breach of contract claim was statute barred. The elements of deceit were not adequately pleaded as to resulting actionable damage, thus all claims were hopeless and must be dismissed.

Court Disposition

Plaintiffs' further amended statement of claim dismissed. Plaintiffs to pay defendant's costs.

Orders

  • ["The plaintiffs' FASC is dismissed." "The plaintiffs are to pay the defendant's costs of the motion." 'Costs of the proceedings are reserved. Liberty to restore on seven (7) days notice.']