Meriton Apartments Pty Limited v Industrial Court of New South Wales

[2009] NSWCA 434

NSW Court of Appeal

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Interrogate

Catchwords

1. Estoppel
2. › Anshun estoppel
3. › Abuse of process
4. › Whether unreasonable not to raise State law issues in Federal Court proceedings confined to federal issues
5. › Accrued jurisdiction of Federal Court
6. › Port of Melbourne Authority v Anshun Pty Limited [1981] HCA 45
1. Federal Jurisdiction
2. › Accrued jurisdiction
3. › Federal Court's discretion to exercise accrued jurisdiction over State law claims
4. › Whether party bound to invoke accrued jurisdiction at risk of Anshun estoppel
5. › Judiciary Act 1903 (Cth), ss 39(2), 39B(1A)(c)
1. Practice and Procedure
2. › Prerogative relief
3. › Supervisory jurisdiction over Industrial Court of NSW
4. › Whether abuse of process to seek prerogative relief after Federal Court proceedings on different grounds

Quick Take

A party that confines Federal Court proceedings to strictly federal issues is not estopped by Anshun from subsequently raising State law issues in a State court, where the Federal Court's accrued jurisdiction over those State issues was debatable and the Federal Court may have declined to exercise it. The discretionary nature of accrued jurisdiction is a significant factor in assessing the reasonableness of not invoking it. A decision that a State court did not exceed its invested federal jurisdiction is not inconsistent with a decision that it exceeded its State jurisdiction.