A finding of Anshun estoppel is not a discretionary decision attracting House v The King principles; it involves the application of a legal standard (unreasonableness) and an appeal court can set it aside if satisfied it was wrong. Anshun estoppel does not preclude a party from bringing equitable claims based on facts that arose after the trial and judgment in the earlier proceedings. The potential for double recovery between equitable remedies (account of profits, equitable compensation) and common law damages does not justify summary dismissal, because equitable remedies may be moulded to prevent double recovery.
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