ACN 074 971 109 & Anor v The National Mutual Life Association of Australasia Limited

[2010] VSC 186

Supreme Court of Victoria

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend statement of claim
4. › Real question in controversy between the parties
5. › Whether res judicata and issue estoppel should be determined on application to amend or at trial
6. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), O 36.01
1. Practice and Procedure
2. › Striking out of pleading
3. › Abuse of process
4. › Whether claims barred by res judicata, issue estoppel, or Anshun estoppel
5. › Whether estoppel defences should be determined on interlocutory application or at trial
6. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), O 23.01
1. Practice and Procedure
2. › Res judicata and estoppel
3. › Cause of action estoppel
4. › Issue estoppel
5. › Anshun estoppel
6. › Extent to which estoppel defences to be determined at trial rather than on interlocutory application

Quick Take

Complex questions of res judicata, issue estoppel, and Anshun estoppel should not be determined on interlocutory applications to amend pleadings or to strike out claims where the proceedings involve complex facts and law requiring comprehensive examination at trial. Limitation of actions issues arising from proposed amendments are similarly more properly determined at trial rather than on the amendment application.