Preston v Nikolaidis

The plaintiff sought to set aside various costs orders made in a proceeding commenced in 1993. The proceeding was before the Supreme Court of New South Wales. The plaintiff applied to set aside the costs orders by filing a statement of claim. The defendant opposed the application on the basis that the proposed pleading did not disclose a reasonable cause of action. The defendant further argued that the plaintiff was estopped from seeking to set aside the costs orders on the basis of res judicata, cause of action estoppel, issue estoppel, and Anshun estoppel. The plaintiff contended that the court's inherent jurisdiction should be exercised to prevent an abuse of process.

The court considered whether the proposed pleading disclosed a reasonable cause of action. The court held that the plaintiff's proposed pleading did not disclose a reasonable cause of action because it was based on an argument that had already been decided in the proceeding. The court further held that the plaintiff was estopped from seeking to set aside the costs orders on the basis of res judicata, cause of action estoppel, issue estoppel, and Anshun estoppel. The court held that the plaintiff's application was an abuse of process because it was an attempt to relitigate a matter that had already been decided. The court held that the plaintiff was not entitled to have the costs orders set aside.

The court dismissed the plaintiff's application. The court held that the plaintiff was not entitled to have the costs orders set aside. The court held that the plaintiff's application was an abuse of process because it was an attempt to relitigate a matter that had already been decided. The court further held that the plaintiff was estopped from seeking to set aside the costs orders on the basis of res judicata, cause of action estoppel, issue estoppel, and Anshun estoppel. The plaintiff was ordered to pay the defendant's costs of the application.