Idoport v National Australia Bank Limited & Anor

[2006] NSWCA 202

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Orders
3. › Barring orders
4. › Construction of barring order
5. › Whether new proceedings 'concerning any cause of action or the whole or any part of any claim for relief' in earlier proceedings
6. › Meaning of 'concerning'
7. › Whether claims against entities not in existence at time of earlier proceedings fell within barring order
8. › Supreme Court Rules 1970 (NSW), Pt 40 r 8, Pt 53 r 4
1. Practice and Procedure
2. › Abuse of process
3. › Inherent jurisdiction
4. › Second action in same cause before costs of first action paid
5. › Whether proceedings raising same essential issues as earlier dismissed proceedings constituted abuse of process
1. Practice and Procedure
2. › Abuse of process
3. › Inherent jurisdiction
4. › Scope of court's inherent power to prevent abuse of process
5. › Categories of abuse of process

Quick Take

A barring order prohibiting 'fresh proceedings concerning any cause of action or the whole or any part of any claim for relief' in earlier proceedings will be construed broadly: the word 'concerning' means 'regarding, touching, in reference to or relation to; about'. New proceedings need not involve the same or substantially the same causes of action to be caught; it is sufficient that they 'touch' or are 'about' the earlier claims. Where earlier pleadings were cast in broad terms extending to future entities or services, new proceedings in respect of entities not in existence at the time of the earlier proceedings may still be barred.