Each unpaid monthly rental instalment under a lease gives rise to a separate cause of action, so proceedings for arrears of different months do not constitute splitting a cause of action under s 49(1) of the District Court Act 1973 (NSW). Anshun estoppel does not apply where the causes of action, facts, and relief are different and there is no risk of conflicting judgments. A settlement that stands proceedings over generally with liberty to restore does not constitute a judgment or final order for the purposes of s 49(1).
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