May v Perpetual Trustees Qld [2000] NSWCA 354

May v Perpetual Trustees Qld [2000] NSWCA 354

District Court Rules Part 7 r 10(2) does not empower the court to substitute a new judgment creditor after judgment by striking out the name of the assignor and inserting the assignee; its operation is limited to the conduct of the action prior to judgment.

Jurisdiction
Australia
Judgment Date
30 November 2000
Procedural Posture
Appeal / Appeal of District Court Judgment Regarding Substitution of Judgment Creditor After Assignment
Outcome
appeal upheld
Legal Topics
['assignment of Judgment' 'district Court Procedural Rules' 'substitution of Parties Post Judgment']
['civil Procedure'] ['assignment of Judgment' 'district Court Procedural Rules' 'substitution of Parties Post Judgment']

Case Brief

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Procedural Posture

Appeal / Appeal of District Court Judgment Regarding Substitution of Judgment Creditor After Assignment

Legal Issues

  1. 1 ['Whether District Court Rules Part 7 r 10(2) permits substitution of party after judgment following assignment of judgment debt']

Ratio Decidendi

District Court Rules Part 7 r 10(2) does not empower the court to substitute a new judgment creditor after judgment by striking out the name of the assignor and inserting the assignee; its operation is limited to the conduct of the action prior to judgment.

Court Disposition

appeal upheld

Orders

  • ['Leave to appeal granted' 'Appeal upheld' 'Judgment below set aside' 'The motion below dismissed' "The judgment debtor's costs to be paid by the opposing parties, who are to have a Suitors Fund Certificate granted"]