Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2017] NSWSC 836

Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2017] NSWSC 836

Leave to amend was granted because, although Moneytech Finance accepted the existing pleading was defective, the proposed claim was tolerably clear: Moneytech Finance or Diamond Made Trading allegedly lent money to Diamond Made, Diamond Made performed work for the active defendants giving rise to debts, the debts were assigned to Diamond Made Trading, and the active defendants allegedly owed those debts. The active defendants were able to understand and respond to the allegations, including matters of chronology within their own knowledge. Uncertainty in particulars, possible equitable assignment issues, and possible further joinder requirements did not justify dismissal or strike out at...

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Civil Procedure Ruling in a Claim to Recover Money Subsequent to Assignment of Debt / Plaintiff's Motion for Leave to Amend Statement of Claim to Include the Proper Plaintiff, Opposed by Fifth, Sixth and Seventh Defendants With a Competing Position That the Claim Should Be Struck Out or Dismissed
Outcome
The plaintiff was granted leave to file and serve an amended statement of claim; the matter was listed before the Common Law Registrar; costs before Button J were costs in the cause.
Legal Topics
['leave to Amend Statement of Claim' 'joinder or Substitution of Plaintiff' 'strike Out Application' 'assigned Trade Debts' 'costs in the Cause']
['civil Procedure' 'debt Recovery' 'assignment of Debts'] ['leave to Amend Statement of Claim' 'joinder or Substitution of Plaintiff' 'strike Out Application' 'assigned Trade Debts' 'costs in the Cause']

Case Brief

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Procedural Posture

Civil Procedure Ruling in a Claim to Recover Money Subsequent to Assignment of Debt / Plaintiff's Motion for Leave to Amend Statement of Claim to Include the Proper Plaintiff, Opposed by Fifth, Sixth and Seventh Defendants With a Competing Position That the Claim Should Be Struck Out or Dismissed

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to file and serve an amended statement of claim adding or substituting Diamond Made Trading Pty Ltd as the proper plaintiff for assigned debts.' 'Whether the proposed amended claim was too factually or legally unclear to be permitted to proceed.' 'Whether uncertainty in the chronology of contracts, work, debts, assignment and notice of assignment prejudiced the active defendants.' 'Whether the claim should be struck out or dismissed instead of permitting amendment.' 'Whether any possible need to join the assignor or engage equitable assignment principles justified dismissal at this stage.']

Ratio Decidendi

Leave to amend was granted because, although Moneytech Finance accepted the existing pleading was defective, the proposed claim was tolerably clear: Moneytech Finance or Diamond Made Trading allegedly lent money to Diamond Made, Diamond Made performed work for the active defendants giving rise to debts, the debts were assigned to Diamond Made Trading, and the active defendants allegedly owed those debts. The active defendants were able to understand and respond to the allegations, including matters of chronology within their own knowledge. Uncertainty in particulars, possible equitable assignment issues, and possible further joinder requirements did not justify dismissal or strike out at...

Court Disposition

The plaintiff was granted leave to file and serve an amended statement of claim; the matter was listed before the Common Law Registrar; costs before Button J were costs in the cause.

Orders

  • ['Pursuant to r 19.1 of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff is granted leave to file and serve an amended statement of claim in the proceedings.' 'The matter is listed before the Common Law Registrar at 9AM on 5 July 2017.' 'The costs of the proceedings before me are costs in the cause.']