Dover v Lewkovitz [2013] NSWCA 452

Dover v Lewkovitz [2013] NSWCA 452

The Appeal Panel did not err on a question of law. A genuine commercial interest sufficient to support assignment of a cause of action need not depend on a pre-existing enforceable right against the assignor. Dr Lewkovitz's practical commercial interest arising from the trust and corporate structure was not treated as an absolute legal right to trust distributions, and the Appeal Panel did not make the error alleged.

Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Appeal Under S 119 of the Administrative Decisions Tribunal Act 1997 on a Question of Law / Appeal to the Court of Appeal From the Administrative Decisions Tribunal Appeal Panel Decision in Dover V Lewkovitz [2013] NSWADTAP 22
Outcome
The appeal is dismissed with costs.
Legal Topics
['assignment of Bare Right to Damages' 'genuine Commercial Interest' 'discretionary Trust Beneficiary Interest' 'question of Law on Appeal' 'maintenance and Champerty']
['personal Property' 'civil Procedure' 'equity and Trusts' 'assignments'] ['assignment of Bare Right to Damages' 'genuine Commercial Interest' 'discretionary Trust Beneficiary Interest' 'question of Law on Appeal' 'maintenance and Champerty']

Case Brief

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Procedural Posture

Appeal Under S 119 of the Administrative Decisions Tribunal Act 1997 on a Question of Law / Appeal to the Court of Appeal From the Administrative Decisions Tribunal Appeal Panel Decision in Dover V Lewkovitz [2013] NSWADTAP 22

Legal Issues

  1. 1 ['Whether it is necessary for the existence of a relevant genuine commercial interest that the assignee has a pre-existing legal right against the assignor.' "Whether the ADT Appeal Panel erred by treating Dr Lewkovitz's right under the discretionary trust as absolute."]

Ratio Decidendi

The Appeal Panel did not err on a question of law. A genuine commercial interest sufficient to support assignment of a cause of action need not depend on a pre-existing enforceable right against the assignor. Dr Lewkovitz's practical commercial interest arising from the trust and corporate structure was not treated as an absolute legal right to trust distributions, and the Appeal Panel did not make the error alleged.

Court Disposition

The appeal is dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']