Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158
Citation 1
…63 of the Civil Procedure Act 2010 (Vic) (“CPA”) as stated by Warren CJ and Nettle JA in in Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158 (“ Lysaght ”) and repeated on numerous occasions since. It is unnecessary to do so again, except to emphasise that:…
Rogers v The Queen
[1994] HCA 42
Citation 2
…s in response to the Anshun estoppel ground. After setting out a lengthy passage from the decision of the High Court in Rogers v The Queen [1994] 68 ALJR 688 at 699, it submits that:…
Towercom Pty Ltd v Fahour (No 4)
[2013] VSC 585
Citation 3
…s on costs on applications by a defendant for summary judgment pursuant to s62 of the CPA canvassed by Derham AsJ in Towercom Pty Ltd v Fahour (No 4) [2013] VSC 585, with his Honour’s usual thoroughness and clarity. I would, with respect, adopt without repeating his Honour’s analysis of the applicable law, most n…
Solak v Registrar of Titles (No 2)
[2010] VSC 146
Citation 4
(Para 8)
…30 Stosius submits that three elements must be satisfied in order to establish an Anshun estoppel (citing Solak v Registrar of Titles (No. 2) [2010] VSC 146 at [8] – [12]), as follows:…
Equuscorp Pty Ltd and Sintoff Pty Ltd v Acehand Pty Ltd & Ors
[2010] VSC 89
Citation 5
(Para 83)
…estoppel argument, it first cites a passage from the decision of Hollingworth J in Equuscorp Pty Ltd & Anor v Acehand Pty Ltd & Ors [2010] VSC 89 at [83] (which, to my mind, is to the same effect as the authorities cited by Stosius). The passage is as follows:…
Dugonjic v Stegbar Pty Ltd
[2014] VCC 799
Citation 6
(Para 79)
…r proceeding between the same two parties in respect of the same cause of action, citing Wells v D'Amico [1961] VR 673 and Dugonjic v Stegbar Pty Ltd [2014] VCC 799 at [79], per Macnamara J. It then submits that, to determine whether a res judicata is created by the execution of the Deed of Settlement, it must be…