Body Corporate 160361 (Fleetwood Apartments) v BC 2004 Ltd and BC 2009 Ltd - [2014] 3 NZLR 758

Tort — Maintenance — Champerty — Assignment of action — Original plaintiffs’ causes of action assigned to defendant council under settlement agreement — Effect to reduce likely contribution otherwise payable by Council — Application by remaining co-tortfeasors to strike out statement of claim as unlawfully maintaining causes of action, champertous and contrary to public policy — Whether genuine commercial interest — Whether assignments of tort actions more restricted than assignment of contractual rights — Whether assignment void as against public policy — Whether assignment meddled in trial process and defeated statutory liability as joint tortfeasor — Whether assignment frustrated or avoided the application damages apportionment considerations — Law Reform Act 1936, s 17.