A party is not estopped by Anshun estoppel from pursuing separate proceedings for later-accruing claims under the same contract where the earlier proceedings were settled by consent, the later claims were not yet quantified at the time of settlement, the consent judgment gave rise to issue estoppels resolving common factual controversies, there was no risk of inconsistent judgments, and pursuing the later claims in the earlier proceedings would have required rejecting the settlement, delaying proceedings, and transferring to a higher court. The overriding purpose in s 56 of the Civil Procedure Act 2005 (NSW) does not require joinder of all related claims in one proceeding.
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