Actions
Cases Citing This Decision
0
Statutory Material Cited
0
-
Kermani v Westpac Banking Corporation
[2012] VSCA 42
Citation 1
…same or similar issues, it was not necessary that the plaintiff in both matters be the same if they were otherwise connected (see, Kermani v Westpac [2012] VSCA 42).…
-
Akram Karam v Palmone Shoes Pty Ltd
[2010] VSCA 253
Citation 2
…On 29 September 2010, the Victorian Supreme Court of Appeal dismissed Mr Karam's appeal from Justice Forrest's decision in the cancer case (see, [2010] VSCA 253).…
-
Kuligowski v MetroBus
[2004] HCA 34
Citation 3
…46 The High Court in Kuligowski v Metrobus [2004] 220 CLR 363 at 373, set out the requirements for issue estoppel, being:…
-
Tiufino v Warland
[2000] NSWCA 110
Citation 4
…e estoppel, later proceedings may be stayed or dismissed as an abuse of process anyway (see, Reichel v Magrath [1889] 14 AC 665 and Tiufino v Warland [2000] NSWCA 110).…
-
Ramsay v Pigram
[1968] HCA 34
Citation 5
…48 Senior Counsel referred to Chief Justice Barwick’s statement in Ramsay v Pigram (1968) 118 CLR 271 at 276 (as cited in Kuligowski (supra) at para. 40) that:…
-
Somodaj v Australian Iron and Steel Ltd
[1963] HCA 50
Citation 6
…which a worker had proceeded to seek workers' compensation benefits first and then had later claimed damages. In Somodaj v Australian Iron and Steel (1963) 109 CLR 285, a worker had lost his claim for compensation in the New South Wales Workers' Compensation Commission, in which he relied on a traumatic back injury…
-
Commonwealth v Bourne
[1960] HCA 26
Citation 7
…idering whether the disease was 'due to the nature of employment'”, in applying the well known tests set out in such cases as Commonwealth v Bourne (1960) 104 CLR 32. In that case, the High Court said the test is not directly concerned with something arising out of the particular service of the particular employer.…
-
Thompson v Armstrong & Royse Pty Ltd
[1950] HCA 46
Citation 8
…in Australia, workers' compensation legislation has been regarded as beneficial legislation (for example see, Thompson v Armstrong and Royse Pty Ltd (1950) 81 CLR 585 at p.616). More substantially, the legislation recognises the right of a worker to separately bring statutory benefit proceedings and common law proc…
-
Blair v Curran
[1939] HCA 23
Citation 9
…41 He first referred to the classic statement by the High Court in Blair v Curran [1939] 62 CLR 464 at 531-532 as to the distinction between res judicata and issue estoppel and the effect of issue estoppel in later proceedings between the same parties. He submitted that this was a case of issue estoppel and n…
-
Karam v Palmone Shoes Pty Ltd
[2010] VSC 3
Citation 10
…edings heard together with the asthma case, gave judgment on the same date for Palmone in Mr Karam's claim for damages for his cancer condition (see, [2010] VSC 3) (“the cancer case”). On 29 September 2010, the Victorian Supreme Court of Appeal dismissed Mr Karam's appeal from Justice Forrest's decision in the…