Stewart v Biodiesel Producers Ltd

Case [2009] WASC 145


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   STEWART -v- BIODIESEL PRODUCERS LTD [2009] WASC 145

CORAM:   BEECH J

HEARD:   21 APRIL 2009

DELIVERED          :   28 MAY 2009

FILE NO/S:   CIV 1607 of 2008

BETWEEN:   ANTHONY PAUL STEWART

Plaintiff

AND

BIODIESEL PRODUCERS LTD
Defendant

Catchwords:

Estoppel - Res judicata - Cause of action estoppel - General principles - Whether record restricted to formal orders and pleadings or whether record includes evidence in earlier proceedings

Estoppel - Anshun estoppel - General principles - Plaintiff in this action cross-claimant in earlier proceedings - Whether Anshun estoppel precludes claims in this action

Legislation:

Nil

Result:

Plaintiff's claims not barred by cause of action estoppel
Plaintiff's claims precluded by Anshun estoppel

Category:    A

Representation:

Counsel:

Plaintiff:     Mr K S Pratt

Defendant:     Mr D M Stone

Solicitors:

Plaintiff:     B W Duckham & Co

Defendant:     Williams & Hughes

Case(s) referred to in judgment(s):

Biodiesel Producers Ltd v Stewart [2007] FCA 722

Blair v Curran [1939] HCA 23; (1939) 62 CLR 464

Boles v Esanda Finance Corp Ltd (1989) 18 NSWLR 666

Bryant v Commonwealth Bank of Australia (1995) 57 FCR 287

Chamberlain v Deputy Commissioner of Taxation [1988] HCA 21; (1988) 164 CLR 502

DP World Australia Ltd v Fremantle Port Authority [2009] WASCA 16

Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (in liq) (1993) 43 FCR 510

Gibbs v Kinna [1998] VSCA 52; [1999] 2 VR 19

Giumelli v Giumelli [1999] HCA 10; (1999) 196 CLR 101

Henderson v Henderson (1843) 3 Hare 100; (1843) 67 ER 313

Jackson v Goldsmith [1950] HCA 22; (1950) 81 CLR 446

Lee v Kim [2006] NSWCA 384; (2006) 68 NSWLR 433

Ling v Commonwealth (1996) 68 FCR 180

Macquarie Bank v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543

Pollnow v Armstrong [2000] NSWCA 245

Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589

Rahme v Commonwealth Bank of Australia [1991] NSWCA 230

Stewart v Biodiesel Producers Ltd [2008] FCAFC 66

Thoday v Thoday [1964] P 181

Trawl Industries of Australia Pty Ltd (in liq) v Effem Foods Pty Ltd (1992) 36 FCR 406

Verwayen v The Commonwealth [1990] HCA 39; (1990) 170 CLR 394

Willoughby v Clayton Utz [No 2] [2009] WASCA 29

Zavodnyik v Alex Constructions Pty Ltd [2005] NSWCA 438; (2005) 67 NSWLR 457

BEECH J: 

Introduction

  1. The plaintiff, Mr Anthony Stewart, has commenced an action in this court against Biodiesel Producers Ltd (BPL).  Mr Stewart and BPL were parties to an action in the Federal Court.  Judgment was delivered on 16 May 2007.  In substance, BPL succeeded in the Federal Court action.

  2. BPL pleads in its defence in this action that Mr Stewart is estopped by virtue of the Federal Court proceedings from bringing any of the claims the subject of this action.  On 23 October 2008 I ordered that the issues arising from those pleas by BPL be…

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AGLC
Stewart v Biodiesel Producers Ltd [2009] WASC 145
Case
[2009] WASC 145
Decision Date

CaseChat Overview and Summary

The parties involved in the case were Stewart, the plaintiff, and Biodiesel Producers Ltd, the defendant. The dispute revolved around the application of estoppel principles, specifically cause of action estoppel and Anshun estoppel, in the context of an earlier proceeding. The case was heard in the Federal Court of Australia.

The court had to determine whether the record for assessing the applicability of cause of action estoppel is restricted to the formal orders and pleadings or if it includes the evidence presented in the earlier proceedings. Additionally, the court needed to decide whether Anshun estoppel could preclude the plaintiff's claims in this action, given that the plaintiff had been a cross-claimant in the earlier proceedings.

The court held that the record for assessing cause of action estoppel encompasses the evidence presented in the earlier proceedings, not just the formal orders and pleadings. This approach ensures that the estoppel operates to preclude the plaintiff from pursuing claims that were or could have been raised in the earlier proceeding. Regarding Anshun estoppel, the court found that it could apply to preclude the plaintiff's claims in this action, as the plaintiff had been a cross-claimant in the earlier proceedings and had an opportunity to raise the claims in that context. The court's decision was based on the principle that a party should not be allowed to relitigate issues that were or could have been raised in a previous proceeding where they had an opportunity to do so.

As a result of the court's reasoning and findings, the plaintiff's claims were dismissed on the grounds of cause of action estoppel and Anshun estoppel. The court did not find it necessary to make any further orders beyond the dismissal of the plaintiff's claims.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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