Niclin No 1 Pty Ltd v Lambert 66 Pty Ltd

[2022] QDC 45

District Court of Queensland

Built by Barristers,
For Australian Law.

1. Procedure
2. › CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
3. › PLEADINGS
4. › STRIKING OUT
5. › OTHERWISE ABUSE OF PROCESS - the plaintiff pleaded issues that were allegedly raised and resolved by agreement and consent order in earlier Supreme Court proceedings
6. › whether these aspects or all of the plaintiff’s statement of claim should be struck out, or the action should be dismissed, as an abuse of process
1. Estoppel
2. › ESTOPPEL BY JUDGMENT
3. › ANSHUN ESTOPPEL
4. › GENERALLY - the plaintiff pleaded issues that were allegedly raised and resolved by agreement and consent order in earlier Supreme Court proceedings - whether Anshun estoppel applies to any part of the claim
1. Burbank Australia Pty Ltd v Luzinat [2000] VSC 128
1. Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589, considered