NSW Caselaw
Appeal Outcome: Special leave granted by the High Court, 12 March 2010 s294/2009 [2010] HCATrans 60, [2010] HCATrans 123 Judgment handed down 4 August 2010 [2010] HCA 26
New South Wales Court of Appeal
CITATION: One. Tel (In Liq) v David Watson and Anor [2009] NSWCA 282
HEARING DATE(S): 10 August 2009
JUDGMENT DATE: 2 October 2009
JUDGMENT OF: Hodgson JA at 1; Campbell JA at 6; Sackville AJA at 7
DECISION: (1) Appeal allowed. (2) The appellant ("One.Tel") to file within 14 days short minutes of order giving effect to these reasons. (3) If the short minutes are not agreed, One.Tel should also file within 14 days brief written submissions supporting its proposed orders. (4) If the second respondent ("CGU") wishes to dispute the orders proposed by One.Tel, it should file within a further seven days its proposed short minutes of order accompanied by brief written submissions supporting its proposed orders. (5) CGU to pay One.Tel's costs of the appeal. (6) CGU, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951 (NSW).
CATCHWORDS: BANKRUPTCY – deed of arrangement – debtor assigns to trustee debtor's rights under directors' liability insurance policy – termination of deed of arrangement – whether trustee entitled to maintain proceedings against insurer to enforce indemnity notwithstanding termination of deed of arrangement. - ASSIGNMENT – effectiveness at law of assignment of a chose in action – whether assignment "absolute" for the purposes of s 12 of the Conveyancing Act 1919 (NSW) – application of test that an assignment, in order to be absolute, must be unconditional.
Bankruptcy Act 1966 (Cth) ss 27, 64ZB, 187, 188, 188A, 189B, 190, 195, 204, 213, 215, 216, 218, 219, 222, 223, 223A, 224, 233, 234, 234A, 234B, 235, 236, 237, 237AA, 235 Bankruptcy Legislation Amendment Act 2004 (Cth), ss 212(3), 212(1) Conveyancing Act 1919 (NSW), s 12 LEGISLATION CITED: Deeds of Arrangement Act 1887 (UK) Judicature Act 1873 (UK) s 25(6) (now s 136 of the Law of Property Act 1925 (UK)) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Uniform Civil Procedure Rules 2005, r 28.2
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