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ARTICLE · 16 NOVEMBER 2018

Assign o the times: Assigning statutory causes of action

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

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The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.

AustraliaInsolvency/Bankruptcy/Re-Structuring

This week's TGIF considers the decision in Pentridge Village Pty Ltd (in liq) v Capital Finance Australia Ltd [2018] VSC 633, where the Victorian Supreme Court dismissed a substitution application brought by a sole director of a company who claimed that the liquidator had assigned to him all of the company's right, title and interest in certain property, including the causes of action and claims that were already the subject of the proceeding.

WHAT HAPPENED?

The decision concerned the long series of events related to the financing for a property development projects in Melbourne's inner-northern suburbs, on the site of the (now closed) maximum security Pentridge Prison.

The plaintiff property development companies sought damages from the financier for the projects, alleging that the financier had engaged in unconscionable conduct and misleading or deceptive conduct by representing that the financier would provide funding sufficient to complete the projects,

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