Sandtara Pty Limited v Abigroup Limited and Ors Matter Nos Ca 40207/95; Ca 40208/95

(1997) 42 NSWLR 5; [1997] NSWSC 294

Supreme Court of NSW

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Interrogate

Catchwords

1. Practice and Procedure
2. › Res Judicata and Estoppel
3. › Issue estoppel
4. › Third party or cross-defendant
5. › Whether cross-defendant bound by and entitled to rely on issue estoppels from judgment in proceedings to which it became a party
6. › Supreme Court Act 1970 (NSW), s 78
1. Practice and Procedure
2. › Res Judicata and Estoppel
3. › Anshun estoppel
4. › Unlitigated cause of action
5. › Whether plaintiff barred from bringing fresh proceedings for claim not advanced in earlier proceedings
6. › Whether Anshun estoppel subject to qualification for unadjudicated causes of action
1. Practice and Procedure
2. › Res Judicata and Estoppel
3. › Issue estoppel
4. › Mutuality
5. › Whether party bound by judgment also entitled to rely on it
6. › Distinction between res judicata based on merger and issue estoppel

Quick Take

A cross-defendant joined to proceedings under s 78 of the Supreme Court Act 1970 (NSW) is bound by the judgment between plaintiff and defendant and, by the mutuality of res judicata estoppels, is also entitled to rely on issue estoppels arising from that judgment. This includes estoppels as to matters necessarily decided in the earlier proceedings, such as the quantum of a debt. The scope of Anshun estoppel in relation to unadjudicated causes of action that could have been but were not raised in earlier proceedings remains an open question not yet resolved by the High Court.