WOOLWORTHS (WA) PTY LTD -v- BERKELEY CHALLENGE PTY LTD [2004] WASCA 196 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 196 (S) | |
| THE FULL COURT (WA) | 20/12/2005 | ||
| Case No: | FUL:68/2003 | 16 JUNE 2004 & 9 NOVEMBER 2005 | |
| Coram: | MALCOLM CJ MURRAY J JENKINS J | 27/08/04 | |
| 9/11/05 | |||
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Final orders made | ||
| B | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : WOOLWORTHS (WA) PTY LTD -v- BERKELEY CHALLENGE PTY LTD [2004] WASCA 196 (S) CORAM : MALCOLM CJ
- MURRAY J
JENKINS J
DECISION : 9 NOVEMBER 2005
PUBLISHED : 20 DECEMBER 2005 FILE NO/S : FUL 68 of 2003 BETWEEN : WOOLWORTHS (WA) PTY LTD
- Appellant
AND
BERKELEY CHALLENGE PTY LTD
Respondent
(Page 2)
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : FRENCH DCJ
Citation : STONE -v- BERKELEY CHALLENGE PTY LTD & ANOR [2003] WADC 94
File No : CIV 2305 of 2000
Catchwords:
Practice and procedure - Appeal heard and reasons published - Final orders not made - No ground to reopen question of res judicata affecting contribution proceedings - No ground to further argue question of contributory negligence affecting contribution proceedings - Turns on own facts
Legislation:
Nil
Result:
Final orders made
Category: B
Representation:
Counsel:
Appellant : Mr M L Greenland
Respondent : Mr D R Clyne
Solicitors:
Appellant : Greenland Brooksby
Respondent : Pynt & Partners
(Page 3)
Case(s) referred to in judgment(s):
Astley v Austrust Ltd (1999) 197 CLR 1
De L v Director-General, NSW Department of Community Services (No 2) (1997) 190 CLR 207
James Hardie &
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- Case
- [2004] WASCA 196 (S)
- Decision Date
CaseChat Overview and Summary
The court found that there was no ground to reopen the question of res judicata as the matter had already been conclusively decided in the original proceedings. The court also held that the question of contributory negligence could not be further argued in the contribution proceedings as it had not been raised in the original claim against Woolworths. The appeal hinged on whether these issues could be revisited based on the specific facts of the case.
The court concluded that the issues of res judicata and contributory negligence were final and could not be reopened or argued further. The reasoning was that these matters had already been determined in the original proceedings and were not subject to re-litigation in the contribution proceedings. The appeal was dismissed, and final orders were made accordingly.
Orders
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Final orders made
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Decision
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Ratio Decidendi
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