Watts v Rodgers [2005] NSWSC 100

Watts v Rodgers [2005] NSWSC 100

Before the assignment from Zakrzewski to Watts there were two costs orders arising out of the same subject matter, one in favour of Rodgers and one in favour of Zakrzewski. Rodgers' judgment was an equity within s 12 of the Conveyancing Act 1919 (NSW), and the right of set-off was available against Watts as assignee. By reason of s 6 of the Law Reform (Law and Equity) Act 1972 (NSW) and the authorities on set-off, the Magistrate was correct to conclude that Watts' claim must fail because otherwise Watts would be placed in a better position than the assignor.

Jurisdiction
Australia
Judgment Date
24 February 2005
Procedural Posture
Appeal From Local Court Judgment Under S 69 of the Local Courts (civil Claims) Act 1970 (nsw) / Judgment on Appeal
Outcome
Appeal dismissed; Local Court judgment and orders affirmed; amended summons dismissed; plaintiff to pay defendant's costs as agreed or assessed.
Legal Topics
['appeal on Question of Law' 'assignment of Debt' 'set Off' 'costs Orders' 'equities Under S 12 of the Conveyancing Act 1919 (nsw)']
['civil Procedure' 'equity' 'debt Assignment'] ['appeal on Question of Law' 'assignment of Debt' 'set Off' 'costs Orders' 'equities Under S 12 of the Conveyancing Act 1919 (nsw)']

Case Brief

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Procedural Posture

Appeal From Local Court Judgment Under S 69 of the Local Courts (civil Claims) Act 1970 (nsw) / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Local Court judgment was erroneous in point of law.' 'Whether the Local Court had power to allow set-off of judgments in the circumstances.' 'Whether Rodgers had an equity within the meaning of s 12 of the Conveyancing Act 1919 (NSW) that could be asserted against Watts as assignee.' 'Whether Watts as assignee could be placed in a better position than Zakrzewski, the assignor.']

Ratio Decidendi

Before the assignment from Zakrzewski to Watts there were two costs orders arising out of the same subject matter, one in favour of Rodgers and one in favour of Zakrzewski. Rodgers' judgment was an equity within s 12 of the Conveyancing Act 1919 (NSW), and the right of set-off was available against Watts as assignee. By reason of s 6 of the Law Reform (Law and Equity) Act 1972 (NSW) and the authorities on set-off, the Magistrate was correct to conclude that Watts' claim must fail because otherwise Watts would be placed in a better position than the assignor.

Court Disposition

Appeal dismissed; Local Court judgment and orders affirmed; amended summons dismissed; plaintiff to pay defendant's costs as agreed or assessed.

Orders

  • ['The appeal is dismissed.' 'The judgment and orders of Magistrate L Haskett dated 29 April 2004 are affirmed.' 'The amended summons filed 2 July 2004 is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]