Attorney-General of the ACT v Eastman

[2008] ACTCA 6

ACT Court of Appeal

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Interrogate

Catchwords

1. Estoppel
2. › Issue estoppel
3. › Findings adverse to ultimately successful party
4. › Whether finding against successful party can found issue estoppel
5. › Whether finding ancillary to ultimate result can found issue estoppel
1. Estoppel
2. › Estoppel by convention
3. › Requirements for estoppel by convention
4. › Whether assumption adopted as conventional basis of relationship
5. › Whether unconscionable to depart from assumption
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal out of time
4. › Delay of almost two years
5. › Whether appeal would be futile
6. › Court Procedures Rules 2006 (ACT), r 5405

Quick Take

A finding adverse to the ultimately successful party in proceedings cannot found an issue estoppel, because the successful party cannot appeal and the public policy of finality does not require a party to appeal a favourable order. Similarly, a finding that is ancillary to the ultimate result — where the applications were dismissed on entirely independent grounds — cannot found an issue estoppel. Intermediate appellate courts should not adopt Finkelstein J's broader view of ratio decidendi from Bristol-Myers v FH Faulding in the face of Blair v Curran.