Hazard Systems Pty Ltd v Car-Tech Services Pty Ltd (In liq) [2013] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hazard Systems Pty Ltd v Car-Tech Services Pty Ltd (In liq) [2013] NSWCA 314 Hearing dates: 1 July 2013 Decision date: 20 September 2013 Before: Basten JA at [1]; Meagher JA at [34]; Barrett JA at [35] Decision: (1) Grant the applicant leave to appeal from the interlocutory judgment in the District Court delivered on 17 August 2012. (2) Allow the appeal and set aside the orders made in the District Court on 17 August 2012. (3) Grant leave to the plaintiffs in the District Court (Car-Tech and CGU) to amend the further amended statement of claim filed pursuant to order 3 made on 17 August 2012 so as to reinstate Car-Tech as the plaintiff in respect of claims in relation to the losses listed in paragraphs 7(a) and 7(b) of the further amended statement of claim. (4) Direct that each party bear its own costs of the notice of motion filed for Car-Tech in the District Court on 15 August 2012. (5) Order that each party bear its own costs of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EQUITY - assignment of choses in action - assignment to insurer in support of subrogated rights - whether compliance with Conveyancing Act 1919, s 12 - whether assignment absolute - whether notice in writing given to obligor PROCEDURE - civil - defence alleging lack of standing - leave to amend statement of claim to substitute plaintiff out of time - no legal assignment of right to sue -- unnecessary substitution of plaintiff - equitable assignee properly suing in name of legal holder of rights Legislation Cited: Civil Procedure Act 2005 (NSW), ss 64, 65 Conveyancing Act 1919 (NSW), s 12 Limitation Act 1969 (NSW), s 14 Cases Cited: Bluebottle UK Ltd v Deputy Commissioner of Taxation [2007] HCA 54; 232 CLR 598 Compania Colombiana de Seguros v Pacific Steam Navigation Co [1965] 1 QB 101 Equuscorp Pty Ltd v Haxton [2012] HCA 7; 246 CLR 498 Equus Financial Services Ltd v Glengallan Investments Pty Ltd (unrep, QCA, 19 May 1994) Holroyd v Marshall (1862) 10 HL Cas 191; 11 ER 999 Holt v Heatherfield Trust Ltd [1942] 2 KB 1 Howard v Miller [1915] AC 318 National Mutual Life Nominees Ltd v National Capital Development Commission (1975) 6 ACTR 1 Property Builders Pty Ltd v Adelaide Bank Ltd [2011] NSWCA 266; (2011) 15 BPR 29,411 Treadwell v Hickey [2009] NSWSC 1395 Trendtex Trading Corporation v Credit Suisse [1982] AC 679 Texts Cited: Sir Frederick Jordan, Chapters on Equity in New South Wales (1921) at p 54