Murphy v Overton Investments Pty Ltd [2001] FCA 1725

FEDERAL COURT OF AUSTRALIA

Murphy v Overton Investments Pty Ltd [2001] FCA 1725 ESTOPPEL – res judicata – issue estoppel – Anshun estoppel – where respondent brought action for recovery of debt in Supreme Court of NSW – where judgment entered – where orders made in Supreme Court envisaging fresh applications made in Federal Court – where applicants brought action alleging inter alia unjust contract – whether judicial decision in Supreme Court precludes determination of issue in Federal Court CONTRACT – unfair contract – Contracts Review Act 1980 – where agent of respondent misled applicants – where applicants entered lease – where respondents have since assigned lease to third party – where third party not a party to proceeding – whether lease unfair procedurally or substantively – whether unfairness arose at time lease was made – whether claims of substantive injustice a "matter" within s 39B of Judiciary Act 1903 – whether time limit for relief under s 16 of Contracts Review Act has expired Contracts Review Act 1980 (NSW) ss 4, 7, 9, 12, 16 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 followed Blair v Curran (1939) 62 CLR 464 followed West v AGC Advances Ltd (1986) 5 NSWLR 610 followed Elders Rural Finance Ltd v Smith (1996) 41 NSWLR 296 considered Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485 cited Phillip Morris Inc v Adam P. Brown Male Fashions Pty Ltd (1981) 148 CLR at 512 cited JOHN JAMES MURPHY v OVERTON INVESTMENTS PTY LTD N159 OF 1999; N 946 OF 1999 and N 936 OF 1999 EMMETT J 7 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 159 OF 1999 BETWEEN: JOHN JAMES MURPHY

APPLICANT

AND: OVERTON INVESTMENTS PTY LIMITED

RESPONDENT

N 946 OF 1999 BETWEEN: DAPHNE MURPHY