Pezzano v Hoffman

The Supreme Court of Western Australia considered an application by the defendants to strike out the plaintiff's action as frivolous and an abuse of process. The plaintiff, Rocco Domenico Pezzano, sought relief against the defendants, Trevor David Hoffman and Hoffmans (a firm), for various alleged breaches of contract and professional negligence. The defendants argued that the plaintiff's claims were barred by Anshun estoppel, res judicata, and abandonment of claims. The court examined the nature of the first action, which involved a similar cause of action, and found that the principle of Anshun estoppel did not apply to preclude the current action, as the issues were not so closely related that they should have been raised in the prior proceedings. The court also found that the doctrine of res judicata did not apply because the first judgment did not address the specific claims presented in the current action. Furthermore, the court determined that the plaintiff had not abandoned the claims in the prior action and that the claims could proceed in the current action. The court dismissed the application to strike out the action.