Federal Court of Australia
JUDGMENT Nov coal at Lin
AT HW RD
Assignment - Purported assignment of choses in action being rights of action in tort and analogous statutory claims - whether capable of assignment.
Poulton v The Commonwealth (1953) 89 CLR 540 - cons.
Park v Allied Mortgage Corporation Limited (1993) ATPR 53,467 - cons.
'ATE LIFE INSURANCE CO. & ORS v AUSTRALIA NEW_ZE ID KIN ROUP_ LIMITED ORS.
No. G381 of 1994
Beaumont J.
7 November 1994
Sydney
RECEIVED -7 NOV 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN _ THE FEDERAL RT OF AUSTRALIA
N TH WALES DISTRICT REGISTRY No. G381 of 1994
wee SS
NE DIVISION
BETWEEN: ALLSTATE LIFE INSURANCE CO. AND_ OTHERS
Applicants
AND AUSTRALIA NEW ZEALAND BANKIN ROUP LIMITED AND
OTHERS
Respondents
CORAM: Beaumont J.
DATE: 7 November 1994
REASONS FOR JUDGMENT (No. 2) (Qn_ application to strike out paras. 62 to 67
of the further amended statement of claim) INTRODUCTION
Before the Court is a notice of motion seeking to strike out certain amended paragraphs of the further amended statement of claim on the ground that, so far as the claims made depend upon purported assignments of certain causes of action alleged, they disclose, the present respondents say, no reasonable cause of action in that the assignments alleged were ineffective or otherwise should not be enforced by this
Court as a matter of public policy.
Previous amendments were sought to be made pursuant to leave granted for the reasons given in Reasons for Judgment (No. 1) given on 13 September 1994; however, on 31 October 1994, I ordered that those amendments be struck out in the
light of pleading deficiencies of the kind described in
Reasons (No. 1), rather than on substantive grounds. The present amendments are now attacked on a substantive basis only; that is to say, no mere pleading point is now taken (cf. Practice Note by J.G. Starke Q.C. (1986) 60 ALJ 304). As has been noted, the question is whether, so far as concerns
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