Haiyong Su v 5 Blackman Cres Macquarie Pty Ltd

• 1. PRACTICE AND PROCEDURE — pleadings — matters raised in oral and written submissions that were not pleaded in the defence by the defendant — the plaintiff took issue with unpleaded matters being raised — HELD — the defendant is not permitted to raise unpleaded matters that are likely to surprise and cause prejudice to the plaintiff
• 1. CORPORATIONS — entitlement to make certain assumptions in relation to dealings with company — whether the defendant was bound by the agreement entered into by its sole director and secretary — HELD — defendant company bound by the agreement entered into by its sole director and secretary
• 1. MORTGAGES AND SECURITIES — mortgagee’s duties, rights and remedies — mortgagee’s entitlement to recover the costs of enforcing its rights at common law and under contract — whether mortgagee disentitled to amount for enforcement costs — HELD — mortgagee cannot recover costs which were not proved to have been incurred — mortgagee otherwise disentitled to amount for enforcement costs incurred unnecessarily and unreasonably
• 1. ESTOPPEL — Anshun estoppel — basis on which the plaintiff sought to recover enforcement costs in these proceedings so connected to the subject matter of earlier proceedings in the Supreme Court of the Australian Capital Territory to make it unreasonable for the plaintiff not to have been made or raised it in those proceedings — high risk of conflicting judgments — HELD — elements of Anshun estoppel satisfied

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