BANK OF SINGAPORE (AUSTRALIA) LIMITED v COTTERILL [1995] NSWCA 38

BANK OF SINGAPORE (AUSTRALIA) LIMITED v COTTERILL [1995] NSWCA 38

The reasons of Bainton J are not sufficiently uncertain to justify granting leave to appeal at this stage; the application is premature and best considered, if necessary, after trial.

Parties
Claimant: Bank of Singapore (Australia) Limited; Opponent: Cotterill
Jurisdiction
Australia
Judgment Date
21 August 1995
Procedural Posture
Application for Leave to Appeal / Interlocutory (leave to Appeal Against Decision on Separated Question)
Outcome
Application for leave to appeal dismissed
Legal Topics
Property of Bankrupt, Trustee's Power to Assign Choses in Action, Champerty, Appeal Procedure, Separated Questions
Bankruptcy Civil Procedure Property of Bankrupt Trustee's Power to Assign Choses in Action Champerty Appeal Procedure Separated Questions

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Parties

Bank of Singapore (Australia) Limited

Claimant

Cotterill

Opponent

Procedural Posture

Application for Leave to Appeal / Interlocutory (leave to Appeal Against Decision on Separated Question)

Legal Issues

  1. 1 Whether trustee in bankruptcy can assign bankrupt's chose in action to third party for payment and share of recovery
  2. 2 Whether assignment is within trustee's power to sell bankrupt's property
  3. 3 Whether common law rules against champerty apply

Ratio Decidendi

The reasons of Bainton J are not sufficiently uncertain to justify granting leave to appeal at this stage; the application is premature and best considered, if necessary, after trial.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Summons for leave to appeal dismissed
  • Claimant must pay the opponent's costs