Ong on subrogation

Denis S. K Ong

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Extract: This text is a study of the tumultuous doctrine of subrogation. The doctrine of marshalling of securities, which is based on subrogation, will be treated in a separate text. Chapter 1 emphasises the distinction between subrogation and assignment. Chapter 2 examines the right of subrogation to the trustee's right of indemnity. The importance, in practice, of the distinc¬ tion between the trustee's right of exoneration and the trustee's right of reimbursement is also discussed in this chapter. Chapter 3 addresses the insurer's right of subrogation. It examines the discrete situations where the insurer's right of subrogation is enlivened. Chapter 4 deals with those situations where the right of subrogation vests in a person (other than a surety) who discharges a third party's debt to a secured creditor. It also examines the right of subrogation of a surety who discharges the principal debtor's debt to the secured creditor. Chapter 5 examines the right of subrogation of a putative lender who purports to lend money to an ultra vires borrower who then uses the proceeds of the putative loan to discharge its intra vires debts. Chapter 6 discusses those situations where a third party payer does not have any right to be subrogated to the (former) right of the payee against the debtor.
Original languageEnglish
Place of PublicationAnnandale, NSW
PublisherFederation Press
Number of pages212
ISBN (Print)1862879796, 9781862879799
Publication statusPublished - 2014


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