EWC Payments Pty Ltd v Commonwealth Bank of Australia

EWC Payments Pty Ltd and another, as assignees, brought an action against the Commonwealth Bank of Australia. The dispute concerned alleged breaches of contract and tortious interference with economic relations. The case was heard in the Supreme Court of Queensland. The plaintiffs sought to amend their Statement of Claim to include new causes of action, including tortious interference with economic relations, and to add a new plaintiff. The defendants opposed the amendments, arguing that the proposed amendments did not disclose fairly arguable claims and were bad in law.

The court had to determine whether the proposed amendments disclosed fairly arguable claims and whether they were bad in law under the Supreme Court (General Civil Procedure) Rules 2005, rule 36. The court also had to consider the validity of the assignments of the causes of action from the original plaintiff to the first plaintiff and whether the first plaintiff had a good cause of action in tort as an assignee. The court had to determine the proper law of the assignments and whether the first plaintiff had a genuine commercial interest in enforcing the assignor’s claims.

The court held that the proposed amendments did not disclose fairly arguable claims and were bad in law. The court found that the assignments of the causes of action were valid and effectual, and the validity of the assignments was determined by the law of the place the cause of action arose. The court found that the first plaintiff had a good cause of action in tort as an assignee and had a genuine commercial interest in enforcing the assignor’s claims. The court dismissed the application to amend the Statement of Claim.