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Mango Boulevard Pty Ltd v Spencer
[2008] QSC 117
Citation 1
…re-litigation in the light of the principle of preserving the integrity of the administration of justice.[28] [28] Mango Boulevard Pty Ltd v Spencer [2008] QSC 117[48] per Chesterman J. referring to State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Tort Reports 81- 423 at 64,089. 47 A party who does…
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Phillip Morris Ltd v Attorney-General (Vic)
[2006] VSCA 21
Citation 2
…e to commence proceedings was an abuse of process and whether the proceeding that it was desired to commence was an abuse of process itself.[23] [21] (2006) 14 VR 538 [22] Maxwell P. [61], Ormiston J.A. [120], Eames J.A. [154] [23] (supra) at [48]-[49] 38 In contrast to the approach of Mandie J in the Global Realty…
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Todd v Novotny
[2000] WASC 308
Citation 3
…details of their client’s case. The range of views were considered by the New South Wales Court of Appeal in Nominal Defendant v Manning .[30] [30] (2000) 50 NSWLR 139 62 I do not consider that in the circumstances of this case, it would be an abuse of process to permit this second application to be made. My reasons f…
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Brisbane South Regional Health Authority v Taylor
[1996] HCA 25
Citation 4
…) 26 VLR 269, 286-287; Brown v Lizars (1905) 2 CLR 837, 849 and Caffyn v W Howard Smith & Sons Ltd (1892) 18 VLR 245,247 [8] ( supra ) [9] [1996] 2 VR 582 26 The plaintiffs submitted that s.73 dealt with both judgments and orders and that the orders made by Her Honour Judge Davis were final and conclusive b…
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March v E & MH Stramare Pty Ltd
[1991] HCA 12
Citation 5
…or successfully appealed from, ground a later plea of res judicata or issue estoppel, if a later attempt were made to litigate the same case. [1] (1991) 23 NSWLR 508. The plaintiffs also relied on Mango Boulevard Pty Ltd v Spencer [2008] QSA 117 at [30] to [42] 18 I do not consider that that judgment deals with the is…
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Carr v Finance Corporation of Australia Ltd (No 1)
[1981] HCA 20
Citation 6
…n Hewitt v Mirror Newspapers Ltd [5] where a second application to set aside a default judgement based on a proper affidavit of merits succeeded. [4] (1981) 147 CLR 246, 256 [5] (1977) 17 ACTR 1 22 In a later written submission, the first defendant accepted that some interlocutory applications could produce a final o…
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Brown v Lizars
[1905] HCA 24
Citation 7
…endant referred included Rosing v Ben Shemesh [1960] VR 173; Hudson v Victorian Railways Commissioners (1900) 26 VLR 269, 286-287; Brown v Lizars (1905) 2 CLR 837, 849 and Caffyn v W Howard Smith & Sons Ltd (1892) 18 VLR 245,247 [8] ( supra ) [9] [1996] 2 VR 582 26 The plaintiffs submitted that s.73 dealt with both…
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Aussie Vic Plant Hire Pty Ltd v County Court of Victoria
[2008] VSC 245
Citation 8
…pleas of res judicata or issue estoppel and struck out as an abuse of process. An application for judicial review of the decision was dismissed. [3] [2008] VSC 245 21 The first defendant submitted that the order refusing the application to set aside the default judgement was interlocutory and did not finally dis…
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Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd
[2006] VSC 170
Citation 9
…y Development Corp v Dominion Wines Ltd (in liq) [2005] VSC 474 and Hargrave J in Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd [2006] VSC 170 noted. [18] [1996] 2 VR 582, 605-606 and see Brooking J.A. at 597…
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R v Choi (Pong Su) (No 25)
[2005] VSC 478
Citation 10
(Para 21)
…igant making such a second application is taking serious and self- created risks of an adverse exercise of judicial discretion.”[20] [19] [2005] VSC 478 [20] ( s upra ) at [21]…
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Global Realty Development Corp v Dominion Wines Ltd (in liq)
[2005] VSC 474
Citation 11
…process’ are well known and need not be restated.”[18] [17] as Mandie J, in Global Realty Development Corp v Dominion Wines Ltd (in liq) [2005] VSC 474 and Hargrave J in Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd [2006] VSC 170 noted. [18] [1996] 2 VR 582, 605-606 and see Brooking J.A. at 597…
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Stragan & Co Pty Ltd v Christodolou
[2002] VSC 78
Citation 12
…ation of Actions Act and having the effect that a second application could not be made to set aside a default judgement.. [24] [1998] 2 VR 113 [25] [2002] VSC 78 39 Hargrave J. considered the authorities in Tenth Vandy Pty Ltd v NatWest Markets Australia Pty Ltd [26] and decided that a second application for rei…
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Linkenholt Pty Ltd v Quirk
[2000] VSC 166
Citation 13
…use an application to set aside a judgement because there has not been sufficient explanation given for failing to enter an appearance.” [34] [2000] VSC 166, [17]…