Grimson v Marjason

Grimson (the appellant) appealed to the Full Court of the Federal Court against a decision dismissing his action against Marjason (the respondent). The dispute concerned the valuation of a hotel, which the appellant alleged was false, misleading, and negligently prepared.

The Full Court was required to determine whether the trial judge had correctly applied the principles established in *Haines v Australian Broadcasting Corporation*, whether the appellant's claim was barred by the Statute of Limitations, and whether the defence of *res judicata* was applicable.

The Court found that while the defence of *res judicata* was not strictly available due to different parties in the litigation, the repeated litigation on the same fundamental issues was oppressive, consistent with the principles in *Haines v Australian Broadcasting Corporation*. Consequently, the appeal was dismissed with costs.