Commonwealth of Australia v Cockatoo Dockyard Pty Ltd [2006] NSWCA 322

New South Wales Court of Appeal

CITATION: Commonwealth of Australia v Cockatoo Dockyard Pty Ltd [2006] NSWCA 322 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30 May 2006, 31 May 2006,1 June 2006

JUDGMENT DATE: 23 November 2006

JUDGMENT OF: Giles JA at 1; Santow JA at 2; Tobias JA at 3

DECISION: Appeal dismissed with costs

CATCHWORDS: ESTOPPEL – dispute arising after arbitration – res judicata – Anshun estoppel – issue estoppel – cause of action estoppel – principles – effect of a deed of settlement – whether estoppel "available" under a deed of settlement – whether special circumstances within meaning of Arnold v National Westminster Bank PLC [1991] 2 AC 93 – CONTRACT – contract with Commonwealth – whether contractual obligations subsisted after the expiry of a contract – PROCEDURAL FAIRNESS – whether denial of procedural fairness – whether primary judge searched for and found an estoppel substantially different than that alleged – TORTS – NEGLIGENCE – liability – whether conduct gave rise to liability – WORKERS' COMPENSATION – ENTITLEMENT TO AND LIABILITY FOR COMPENSATION – persons liable to pay compensation – whether Commonwealth liable to reimburse a company for workers' compensation costs pursuant to a contract – whether conduct of contractor gave rise to a liability to pay for costs itself – whether reimbursement for such costs capable of including a fee for profit margin

Administrative Law Act 1978 (Vic) Arbitration Act 1979 (UK) Commercial Arbitration Act 1984 (NSW) LEGISLATION CITED: Commercial Arbitration Act 1984 (Vic) Dried Fruits Act 1928–1935 (Cth) Local Government Act 1989 (Vic) Supreme Court Rules 1970 (NSW)