Stockham v WLD Practice Holdings Pty Limited

The parties to this matter were Stockham and WLD Practice Holdings Pty Limited. The dispute concerned an appeal from separate questions answered in the Equity Division, and a subsequent attempt by Stockham to raise additional issues which had been rejected. The appeal was heard by Macfarlan and Brereton JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether Stockham should be granted leave to appeal from the Equity Division's decision, particularly in light of the attempt to raise new issues. A secondary issue related to a freezing order, with the court considering whether there was a sufficient basis for an order extending such a freezing order.

The Court of Appeal applied the principle established in *Anshun v Australian Broadcasting Commission* (1982) 147 CLR 589, which generally prevents parties from raising issues in subsequent proceedings that could and should have been raised in earlier proceedings. The court found that the additional issues Stockham sought to raise were matters that ought to have been raised in the original proceedings. Furthermore, the court was satisfied that there was a sufficient basis for the order extending the freezing order.

Consequently, the summons seeking leave to appeal was dismissed, and Stockham was ordered to pay the costs of the proceedings.