Bakewell v Anchorage Capital Master Offshore Ltd

(2019) 372 ALR 349; [2019] NSWCA 199

NSW Court of Appeal

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Interrogate

Catchwords

1. Personal Property
2. › Assignment of choses in action
3. › Prohibition on assignment of bare chose in action
4. › Whether test of what rights are to be regarded as incidental to property rights has been modified
5. › Whether assignee had legitimate commercial interest
6. › Whether public policy underpinnings of prohibition fluid
1. Practice and Procedure
2. › Amendment and joinder
3. › Opposition to amendment on basis claims doomed to fail
4. › Summary dismissal principles
5. › Where not all claims by all plaintiffs were assigned claims
6. › Where proceedings against defendant would continue in any event
7. › Importance of principle in Wickstead v Browne
8. › Civil Procedure Act 2005 (NSW), s 56
9. › Supreme Court Act 1970 (NSW), s 63
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory decision
4. › Amendment application
5. › Whether area of law and public policy underpinnings sufficiently settled to justify summary determination

Quick Take

The prohibition on assignment of bare causes of action and its public policy underpinnings are sufficiently fluid that summary dismissal of claims based on assigned causes of action will rarely be appropriate, particularly where the assignee acquired the causes of action as part of a larger commercial transaction involving the assignment of debts and associated contractual rights.