Marminta P/L v French

[2003] QCA 577

Queensland Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › General Principles
3. › Unjust Enrichment
4. › Specific performance
5. › Whether mortgagee entitled to reimbursement of land tax and rates paid after trial decision
6. › Whether variation of appeal orders appropriate
1. Practice and Procedure
2. › Variation of orders
3. › Applications to vary orders after judgment
4. › Whether party who elected not to raise issue at hearing may raise it on application to vary
5. › Finality of litigation
6. › Anshun estoppel

Quick Take

A party who elects not to raise a claim at the hearing of an appeal cannot subsequently seek to vary the orders to include that claim, particularly where draft orders were presented without objection. The Anshun principle applies to applications to vary appeal orders where the claim could have been raised at the hearing.