Morris v Riverwild Management Pty Ltd

(2011) 284 ALR 413; [2011] VSCA 283

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Estoppel
3. › Issue estoppel
4. › Administrative tribunals
5. › Whether VCAT decision gives rise to issue estoppel
6. › Jurisdictional error rendering decision a nullity
7. › Point not distinctly and directly in issue
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic)
1. Administrative Law
2. › Jurisdictional error
3. › Consequences of jurisdictional error
4. › Decision made without jurisdiction treated as no decision at all
5. › Whether decision of administrative tribunal void or voidable
1. Practice and Procedure
2. › Estoppel
3. › Issue estoppel
4. › Administrative tribunals
5. › Whether decisions of statutory tribunals capable of giving rise to issue estoppel
6. › Distinction between original and review jurisdiction
1. Costs
2. › Assessment of costs
3. › Indemnity rule
4. › Settlement with co-defendants on 'all in' terms
5. › Whether settlement amounts reduce costs payable by remaining defendant
6. › Whether undissected settlement sums can be prorated between damages and costs

Quick Take

A VCAT decision made without jurisdiction is to be regarded as no decision at all and cannot found an issue estoppel. Where a plaintiff settles with co-defendants on 'all in' terms without dissection between damages and costs, the settlement amounts cannot be prorated between damages and costs by necessary implication, and a remaining defendant is not entitled to credit unless total payments by other defendants exceed the difference between the plaintiff's total claim and that defendant's liability. The question whether VCAT decisions in original jurisdiction can give rise to issue estoppel remains open but the weight of authority suggests they can.