Currabubula Holdings Pty Ltd v Mita Copiers Australia Pty Ltd [1995] FCA 307

CATCHWORDS

RES JUDICATA AND ISSUE ESTOPPEL - extension of res judicata declared in Port of Melbourne Authority v. Anshun Proprietary Limited (1981) 147 CLR 589 - whether applicable to a matter which could only have been raised by a cross-claim - principles applicable where an Anshun estoppel is sought to be used to base an application for a stay, striking out, or summary dismissal of a claim - whether caution should be exercised in any application of the principle to the raising of cross-claims - discussion of the concept for the purposes of the principle of "conflicting judgments" - reference to reasons why a party might reasonably refrain from raising an issue in litigation and why the law should not require him to do so. Port of Melbourne Authority v. Anshun Proprietary Limited (1981) 147 CLR 589 Boles v. Esanda Finance Corporation Ltd (1989) 18 NSWLR 666 Effem Foods Pty Limited v. Trawl Industries of Australia Pty Limited (1993) 43 FCR 510 Trawl Industries of Australia Pty Limited v. Effem Foods Pty Limited (1992) 36 FCR 406 Tanning Research Laboratories Inc. v. O'Brien (1990) 169 CLR 332 West Wiltshire District Council v. Garland [1995] 2 WLR 439 General Steel Industries Inc. v. Commissioner for Railways (N.S.W.) (1964) 112 CLR 125 Wardley Australia Limited v. The State of Western Australia (1992) 175 CLR 514 Scott v. Beneficial Finance Corporation Ltd 31 May 1994, unreported, Wilcox, Einfeld and Beazley JJ Brewer v. Brewer (1953) 88 CLR 1 Rogers v. R. (1994) 123 ALR 417 Cromwell v. County of Sac. (1897) 94 US 351 CURRABUBULA HOLDINGS PTY LIMITED v. MITA COPIERS AUSTRALIA PTY LIMITED NG 92 of 1995 Burchett J. Sydney 5 May 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 92 of 1995 ) GENERAL DIVISION ) BETWEEN: CURRABUBULA HOLDINGS PTY LIMITED Applicant AND: MITA COPIERS AUSTRALIA PTY LIMITED Respondent CORAM: Burchett J. PLACE: Sydney DATE : 5 May 1995 ORDER OF THE COURT THE COURT ORDERS THAT the motion be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.