Maroubra Auto Refinishers Pty Ltd v Johnson [2004] NSWLC 3
The assignment under the Deed assigned only a bare cause of action in tort, and the plaintiff did not have a genuine commercial interest or valid ancillary property right to support standing. The assignment was found invalid and contrary to public policy, so the plaintiff lacks standing to bring the action.
- Jurisdiction
- Australia
- Judgment Date
- 07 October 2004
- Procedural Posture
- Civil / Judgment on Preliminary Issue
- Outcome
- The plaintiff has no standing to bring the action relying on the Deed.
- Legal Topics
- ['assignment of Causes of Action' 'maintenance and Champerty' 'standing in Negligence Actions']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Civil / Judgment on Preliminary Issue
Legal Issues
- 1 ['Whether the plaintiff has standing to sue based on the assignment of a chose in action under the Deed' 'Whether the assignment is contrary to public policy or champertous']
Ratio Decidendi
The assignment under the Deed assigned only a bare cause of action in tort, and the plaintiff did not have a genuine commercial interest or valid ancillary property right to support standing. The assignment was found invalid and contrary to public policy, so the plaintiff lacks standing to bring the action.
Court Disposition
The plaintiff has no standing to bring the action relying on the Deed.
Orders
- ['The plaintiff has no standing to bring the action relying on the Deed.' 'The interlocutory decisions relating to the cost of repairs cannot stand.' 'It is not necessary to determine the issue of goods and services tax to the repair bill.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment