A judgment on an application for summary judgment is interlocutory in nature and cannot give rise to an issue estoppel. Findings of fact made in the course of refusing or granting summary judgment do not bind the parties in subsequent proceedings. The court also signalled that the 7 working day time limit in s 85(1) of the Work Health Act (NT) for service of claims is inadequate for outback Territory conditions and invited legislative reform.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.