Zheng v Jin

The applicant, Zheng, sought leave to appeal against a summary dismissal of proceedings by the primary judge. The respondent was Jin. The proceedings were dismissed on the basis that they were barred by issue estoppel or *Anshun* estoppel, and also because they were instituted outside the relevant limitation period.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the proceedings were barred by issue estoppel or *Anshun* estoppel, and whether the proceedings were validly commenced within the applicable limitation period. The Court was also required to consider whether there was any issue of principle or public importance that warranted granting leave to appeal.

Ward P and Leeming JA dismissed the application for leave to appeal. Their Honours found that the primary judge had correctly applied the principles of issue estoppel and *Anshun* estoppel, and that the proceedings were indeed out of time. They concluded that there was no arguable error in the primary judge's decision and, crucially, that no issue of principle or public importance arose that would justify granting leave to appeal.

Consequently, the application for leave to appeal was dismissed with costs.