Victoria Louise Sterne v THFE Pty Limited t/as Tweed Health For Everyone Superclinic [2022] NSWSC 450

Supreme Court New South Wales

Medium Neutral Citation: Victoria Louise Sterne v THFE Pty Limited t/as Tweed Health For Everyone Superclinic [2022] NSWSC 450 Hearing dates: 7 April 2022 Date of orders: 11 April 2022 Decision date: 11 April 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: The Amended Notice of Motion filed 8 July 2021 is dismissed. The defendant is to pay the plaintiff's costs of the Motion. Catchwords: ESTOPPEL – application to dismiss negligence claim as abuse of process – earlier proceeding in Federal Circuit Court under Fair Work Act – proceedings alleged victimisation for complaining about bullying and harassment – dismissed as plaintiff not a contractor to defendant – proceedings commenced in negligence for bullying and harassment – cause of action estoppel – rights in both proceedings – not substantially similar – Anshun estoppel – not established – it was not unreasonable not to bring negligence claim in accrued jurisdiction Legislation Cited: Civil Procedure Act 2005 Disability Discrimination Act 1992 (Cth) Fair Work Act 2009 (Cth) Family Law Act 1975 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) Trade Practices Act 1975 (Cth) Uniform Civil Procedure Rules 2005 Work Health and Safety Act 2011 Cases Cited: Bobridge v Choppair Helicopters Pty Limited [2016] FCCA 2301 Clarke v South Eastern Sydney Local Health District & Anor [2019] FCCA 3769 Clayton v Bant (2020) 95 ALJR 34; [2020] HCA 44 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Conduit Advertising Pty Limited & Anor v Anderson & Anor [2010] FMCA 962 Helicopter Aerial Surveys Pty Limited v Bradford Marine Pty Limited [2020] FCCA 3238 Sterne v Tweed Health for Everyone Pty Ltd t/as Tweed Health For Everyone Superclinic & Ors [2019] FCCA 2540 Surf Life Saving Sydney Northern Beaches Incorporated v Garland [2019] FCCA 3228 Trawl Industries of Australia Pty Ltd (in liquidation) v Effem Foods Pty Ltd (1992) 36 FCR 406 Tomlinson v Ramsey Food Processing (2015) 256 CLR 507 Vance v State Rail Authority [2004] FMCA 240 Wilczak v Alpine Refrigeration & Air Conditioning Pty Limited [2004] FMCA 17 Wright v Norris Real Estate Pty Ltd [2016] FCCA 707 Category: Principal judgment Parties: Victoria Louise Sterne (Plaintiff) THFE Pty Limited t/as Tweed Health For Everyone Superclinic (Defendant) Representation: Counsel: G Smith (Plaintiff) A Horvath SC (Defendant)