Ausgrid v Settree Pty Ltd t/as LJ Hooker Budgewoi

Ausgrid Pty Ltd appealed to the Court of Appeal of New South Wales against an interlocutory decision of a primary judge who had dismissed Ausgrid's application for summary dismissal of Settree Pty Ltd t/as LJ Hooker Budgewoi's claim. The central dispute concerned whether a consent judgment entered in Local Court proceedings had the effect of *res judicata*, thereby preventing Settree from pursuing its claim for indemnity for subsequent workers' compensation payments.

The Court of Appeal was required to determine whether the primary judge erred in dismissing the application for summary dismissal. Specifically, the court had to consider whether Settree had been denied a proper hearing on the question of *res judicata* and whether the entry of the consent judgment in the Local Court proceedings indeed precluded Settree's subsequent claim for indemnity.

The Court of Appeal found that the primary judge had not erred in dismissing the application for summary dismissal. The court reasoned that the issue of *res judicata* was a complex question of fact and law that required a full hearing, rather than being amenable to summary determination. The court held that the interlocutory decision did not finally determine the rights of the parties and that the appeal sought to re-litigate issues that were properly within the purview of the primary judge's discretion at that stage.

The application for leave to appeal was dismissed with costs.