Lin v Rail Corporation New South Wales [2011] FCA 261

FEDERAL COURT OF AUSTRALIA

Lin v Rail Corporation New South Wales [2011] FCA 261 Citation: Lin v Rail Corporation New South Wales [2011] FCA 261

Parties: HUAI NING LIN KNOWN AS SARAH LIN v RAIL CORPORATION NEW SOUTH WALES, FAIRFAX MEDIA PUBLICATIONS PTY LTD and NORTH SYDNEY NEWSAGENCY

File number: NSD 633 of 2010

Judge: RARES J

Date of judgment: 24 March 2011

Catchwords: LIMITATION OF ACTIONS – s 82(2) of the Trade Practices Act 1974 (Cth), ss 14(1) and 64(2) of the Limitation Act 1969 (NSW) and s 68(2) of the Fair Trading Act 1987 (NSW) – causes of action brought outside six year limitation period – statute barred ESTOPPEL – res judicata – causes of action previously dismissed by order of superior court of record – subsequent decision of High Court in different proceeding changes law applied to bring about earlier order – whether unsuccessful party can re-litigate despite earlier order – order dismissing cause of action operates to merge cause of action into order and earlier cause of action ceases to have independent existence PRACTICE AND PROCEDURE – summary dismissal – abuse of process of the Court – no reasonable prospects of success under s 31A of the Federal Court of Australia Act 1976 (Cth) Held: proceedings dismissed

Legislation: Carriage of Goods by Sea Act 1991 (Cth) s 7 Civil Aviation (Carriers' Liability) Act 1959 (Cth) ss 11, 21 Fair Trading Act 1987 (NSW) ss 43, 68(2) Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules O 11 r 16, O 20 r 5 International Convention for the Unification of Certain Rules of Law relating to Bills of Lading International Convention for the Unification of Certain Rules Relating to International Carriage Limitation Act 1969 (NSW) ss 14(1), 63(2) Native Title Act 1993 (Cth) Real Property Act 1900 (NSW) Retail Leases Act 1994 (NSW) Trade Practices Act 1974 (Cth) ss 51AB, 51AC, 82 Universal Declaration of Human Rights