Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Salfinger v Niugini Mining (Australia) Pty Ltd (No. 3) [2007] FCA 1532
CORPORATIONS – assignment of legal rights – company A previously claimed relief against respondent in Supreme Court of Queensland under Trade Practices Act and in tort and equity – action dismissed by Supreme Court for non-compliance with directions – applicant commenced present proceeding claiming to be assignee of company C which allegedly was assignee of claims from A under assignment dated 1 June 2002 – A ordered to be wound up on 10 March 2003 – whether first assignment in truth effected before winding up order – whether assignment effective in law to assign claims – trial of separate question Held: 1. First assignment not effected before winding up 2. In any event, claims not capable of assignment Trade Practices Act 1974 (Cth) ss 51AA, 82 Corporations Act 2001 (Cth) s 468(1) Corporations (Fees) Act 2001 (Cth) s 4(1) Corporations (Fees) Regulations 2001 (Cth) reg 3 sch 1, item 13 Public Service Ethics Act 1994 (Qld) Public Service Act 1996 (Qld) Whistleblowers Protection Act 1994 (Qld) Crime and Misconduct Act 2001 (Qld) Federal Court Rules O 29 r 2 Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 70 IPR 146 (2006) 236 ALR 720 cited Park v Allied Mortgage Corporation Ltd (1993) ATPR (Digest) 46-105 cited Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd [1994] FCA 814 cited Pritchard v Racecage Pty Ltd (1997) 72 FCR 203 cited Chapman v Luminis (No 4) (2001) 123 FCR 62 cited Trendtex Trading Corporation v Credit Suisse [1982] AC 679 not followed Poulton v The Commonwealth (1952) 89 CLR 540 followed Giles v Thompson [1994] 1 AC 142; Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd (2004) 220 ALR 267 applied TS & B Retail Systems Pty Ltd v 3Fold Resources Pty Ltd (No. 3) (2007) 158 FCR 444 considered Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd (2006) 229 ALR 58referred to Deloitte Touche Tohmatsu v J P Morgan Portfolio Services Ltd (2007) 158 FCR 417referred to Monk v Australia and New Zealand Banking Group Ltd (1994) 34 NSWLR 148 considered National Mutual Property Services (Australia) Pty Ltd v Citibank Savings Limited (1995) 132 ALR 514 cited
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